The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.
PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE · Presumptions as to documents
Section 85: Presumption as to electronic agreements
The Bharatiya Sakshya Adhiniyam, 2023
Corresponding Evidence Act provision
As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table
Questions on this section
1 question in 4 of our papers cite Section 85. Try these from the free papers:
1. Consider the following statements regarding presumptions under the BSA: 1. The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signatures of the parties was so concluded by affixing those signatures. 2. In a proceeding involving a secure electronic record, the Court shall presume, unless the contrary is proved, that the record has not been altered since the specific point of time to which the secure status relates. 3. The Court shall presume that all information listed in an Electronic Signature Certificate, including unverified subscriber information, is correct, whether or not the certificate was accepted by the subscriber. Which of the statements given above is/are correct?