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CHAPTER V.––OF DOCUMENTARY EVIDENCE · PRESUMPTIONS AS TO DOCUMENTS

Section 85A: Presumption as to electronic agreements

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

1[The Court shall presume that every electronic record purporting to be an agreement containing the 2[electronic signature] of the parties was so concluded by affixing the 3[electronic signature] of the parties.

Footnotes in the official text

  1. 1.Ins. by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).
  2. 2.Subs. by Act 10 of 2009, s. 52, for “digital signature” (w.e.f. 27-10-2009).
  3. 3.Subs. by ibid., s. 52, for “Digital Signature Certificate” (w.e.f. 27.10.2009).

Now in the BSA

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

85A. Presumption as to electronic agreements.BSA 85

Questions on this section

1 question in 4 of our papers cite Section 85A. Try these from the free papers:

  1. 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?

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