What is Section 85 BSA?

Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule about electronic agreements. It requires a court to presume that an electronic record appearing to be an agreement with electronic or digital signatures from the parties was concluded by attaching those signatures.

Does Section 85 BSA cover agreements signed with a digital signature?

Yes. Section 85 BSA applies when the electronic agreement contains either an electronic signature or a digital signature from each party.

Does Section 85 BSA apply when an electronic agreement has no electronic or digital signature?

No. Section 85 BSA applies only when the electronic agreement contains electronic or digital signatures from the parties.

What is Section 85 BSA in IEA?

Section 85A IEA was the corresponding provision before 1 July 2024. Section 85 BSA replaced Section 85A IEA, and the word electronic in the old text reads electronic or digital in the presumption.

IEA 85A Is Now BSA 85: What Changed

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	85A	85
Heading	Presumption as to electronic agreements	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

85A

Heading

Presumption as to electronic agreements

Same

IEA 85A and BSA 85: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 85A, IEA 1872

85A. Presumption as to electronic agreements.—The Court shall presume that every electronic record purporting to be an agreement containing the electronic signature of the parties was so concluded by affixing the electronic signature of the parties.

BSA 2023 (in force)

Section 85, BSA 2023

85. Presumption as to electronic agreements.—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.

When It Applies: IEA 85A vs BSA 85

Under IEA 85A

An electronic record is presented that appears to be an agreement between parties.
The electronic record contains electronic signatures from the parties to that agreement.
The court must presume that the parties concluded the agreement by attaching their electronic signatures.

Under BSA 85

An electronic record is presented that appears to be an agreement between parties.
The electronic record contains electronic or digital signatures from the parties to that agreement.
The court must presume that the parties concluded the agreement by attaching their electronic or digital signatures.

What IEA 85A to BSA 85 Means in Practice

Section 85A IEA became Section 85 BSA on 1 July 2024. In this presumption, the word electronic reads electronic or digital, so the rule explicitly names both electronic and digital signatures. A person in court should cite Section 85 BSA for matters governed by the Adhiniyam.

IEA 85A to BSA 85: Presumption as to electronic agreements

IEA 85A to BSA 85 at a Glance

What Changed From IEA 85A to BSA 85?

IEA 85A vs BSA 85: Comparison Table

IEA 85A and BSA 85: Bare Act Text Side by Side

When It Applies: IEA 85A vs BSA 85

What IEA 85A to BSA 85 Means in Practice