Correct option is B
The presumption as to the authenticity of an electronic record that is five years old falls under the category of Presumption of Fact. According to the Indian Evidence Act, when an electronic record is produced from proper custody and is more than five years old, the court may presume that it is authentic and was duly executed and attested. This presumption is based on the ordinary course of events and human conduct, rather than on any specific law that deems it conclusively proved.
· Presumption of Fact refers to inferences drawn by the court from the circumstances and evidence presented. It is not conclusive and can be rebutted by evidence to the contrary.
· Presumption of Law, on the other hand, is a legal rule that assumes a certain fact to be true unless it is disproven.
· Conclusive Proof is when the law does not allow any evidence to be presented to contradict the presumption.
In this case, the presumption about the electronic record is a Presumption of Fact because the court may infer its authenticity based on the circumstances, but this inference can still be challenged.
Information Booster:
1. Presumption of Fact is based on logical reasoning and can be rebutted by contrary evidence.
2. Presumption of Law is a legal assumption that can be challenged, but the burden of proof lies on the party challenging it.
3. Conclusive Proof is a final assumption by law that cannot be contested by any evidence.
4. Electronic records have specific presumptions under the Indian Evidence Act, particularly Sections 65A and 65B, which outline the admissibility and relevance of electronic evidence.
Additional Information:
· Presumption of Fact is often employed in cases involving old documents or electronic records where direct evidence may not be available.
· Presumption of Law generally applies to statutory provisions where the law dictates certain assumptions, such as the legitimacy of a child born within a certain time frame of marriage.
· The Indian Evidence Act provides specific guidelines for the admissibility and presumptions related to electronic records, particularly given the rise of digital transactions and communications
