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

Section 85C: Presumption as to 1[Electronic Signature Certificates]

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

The Court shall presume, unless contrary is proved, that the information listed in a 2[Electronic Signature Certificate] is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.]

Footnotes in the official text

  1. 1.Subs. by ibid., s. 52, for “Digital Signature Certificate” (w.e.f. 27.10.2009).
  2. 2.Subs. by the A.O. 1950, for “any country not forming part”.

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

85C. Presumption as to electronic signature certificates.BSA 87

Questions on this section

1 question in 4 of our papers cite Section 85C. 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