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

Section 85B: Presumption as to electronic records and 1[electronic signatures]

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.

(2) In any proceedings, involving secure 1[electronic signature], the Court shall presume unless the contrary is proved that—

(a) the secure 1[electronic signature] is affixed by subscriber with the intention of signing or approving the electronic record;

(b) except in the case of a secure electronic record or a secure 1[electronic signature], nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any 1[electronic signature].

Footnotes in the official text

  1. 1.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

85B. Presumption as to electronic records and electronic signatures.BSA 86

Questions on this section

2 questions in 6 of our papers cite Section 85B. 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?

Practise questions on Criminal Law