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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Evidence

Under the explanation to section 81, when are electronic records said to be in proper custody, and what is the effect of a proved legitimate origin?

Electronic records are in proper custody when they are in the place and looked after by the person with whom the law requires them to be kept. Even then, custody is not improper if a legitimate origin is proved or the circumstances make that origin probable.

  1. AThey are in the place where, and looked after by the person with whom, they are required to be kept; custody is not improper if a legitimate origin is proved or made probableCorrect
  2. BThey are in the custody of the Court registrar at all times; legitimate origin is irrelevant
  3. CThey are held by the party who produces them; legitimate origin makes custody improper
  4. DThey are held only by a government officer; any private holding is always improper

Explanation

The Explanation to section 81, which also applies to section 93, defines proper custody as the place and person with whom the record is required to be kept. No custody is improper if it is proved to have had a legitimate origin, or the circumstances make that origin probable. The other options invent requirements not found in the text.

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