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11 June 2012

Section 114A Evidence Act



The controversial new amendment to the Evidence Act i.e. Evidence (Amendment)(No. 2) Act 2012 which recently took its effect on 1st June 2012 provides as follow:


Presumption of fact in publication


114A. (1) A person whose name, photograph or pseudonym appears on any publication depicting himself as the owner, host, administrator, editor or sub-editor, or who in any manner facilitates to publish or re-publish the publication is presumed to have published or re-published the contents of the publication unless the contrary is proved.

(2) A person who is registered with a network service provider as a subscriber of a network service on which any publication originates from is presumed to be the person who published or re-published the publication unless the contrary is proved.

(3) Any person who has in his custody or control any computer on which any publication originates from is presumed to have published or re-published the content of the publication unless the contrary is proved.

The full version of the Act can be seen here.

If we look into the Evidence Act, we could see that Section 114A is not actually the one and only of its kind. It took its part within a lot other similar sections which deal with presumption. For instance, you could see in Sections 79-90, 112 and 113.