IEA §90A → BSA §96
Presumption as to electronic records five years old
Jump to section
Comparison
1[90A. Presumption as to electronic records five years old. –– Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the 2[electronic signature] which purports to be the 2[electronic signature] of any particular person was so affixed by him or any person authorised by him in this behalf. Explanation. –– Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; 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 such an origin probable. This Explanation applies also to section 81A.] CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
96. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations. (a) A agrees, in writing, to sell a horse to B for "one lakh rupees or one lakh fifty thousand rupees". Evidence cannot be given to show which price was to be given. (b) A deed contains blanks. Evidence cannot be given of facts which would show how they were meant to be filled. Exclusion of evidence to explain or amend ambiguous document.
What changedAI-inferred
Presumption as to electronic records five years old.
Old position
IEA 90A is concerned with Presumption as to electronic records five years old. 1[90A
New position
BSA 96 preserves the framework with drafting modernisations as required by the new code. Topic: Illustrations.. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects
BSA 96 (Illustrations.) preserves the framework of IEA 90A. BSA 96 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 96 text: When the language used in a document is, on its face, ambiguous or...
Editorial deltaAI-indicated (source-linked)
BSA 96 (Illustrations.) preserves the framework of IEA 90A. BSA 96 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 96 text: When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations. (a) A agrees, in writing, to sell a horse to B for "one lakh rupees or one lakh fifty thousand rupees". Evidence cannot be given to show...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 90A continues to apply. For matters from that date forward, BSA 96 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 96 (Illustrations.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §90A → BSA §96 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/iea/90A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.