Section 81 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to Gazettes in electronic or digital record

Section 81 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to Gazettes in electronic or digital record

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from proper custody.

Explanation. — —For the purposes of this section and section 93 electronic records are said to be in proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render that origin probable.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 81

Section 81 provides for the mandatory presumption as to Gazettes published in electronic or digital form, ensuring digital parity for official electronic government notifications.

Electronic Gazette Scope: Applies to the official e-Gazette (egazette.gov.in) and state digital gazette publications.
Presumption of Genuineness: Court shall presume that the electronic record purporting to be the Official Gazette was published by official authority.
Paperless Government Adjudication: Eliminates requirements for physical gazette prints in modern environmental, regulatory, and public law trials.

Key Landmark Precedents:

Union of India v. Nihar Kanta Sen (1987) 3 SCC 465: Affirmed that official gazette publications constitute authoritative evidence of government policy and statutory notifications.
Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020) 7 SCC 1: Recognized that official electronic portals and digital publications maintained under statutory authority carry enhanced authenticity.

Courtroom Practice & Strategic Litigation Guidance:

Submit downloaded e-Gazette PDFs bearing the official cryptographic digital signature of the Directorate of Printing directly; under Section 81, the court is bound to presume their genuineness.