IEA 85C to BSA 87: Presumption as to Electronic Signature Certificates
Section 85C IEA (1872) replaced by Section 87 BSA (2023)
IEA 85C to BSA 87 at a Glance
Section 85C IEA (Presumption as to Electronic Signature Certificates) is now Section 87 BSA, in force from 1 July 2024. Only the section number changed.
What Changed From IEA 85C to BSA 87?
Section 85C of the Indian Evidence Act, 1872 became Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. A one-word drafting edit.
IEA 85C vs BSA 87: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 85C | 87 |
| Heading | Presumption as to Electronic Signature Certificates | Same |
IEA 85C and BSA 87: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 85C, IEA 1872
85C. Presumption as to Electronic Signature Certificates.—The Court shall presume, unless contrary is proved, that the information listed in a 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.
BSA 2023 (in force)
Section 87, BSA 2023
87. Presumption as to Electronic Signature Certificates.—The Court shall presume, unless contrary is proved, that the information listed in an 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.
When It Applies: IEA 85C vs BSA 87
Under IEA 85C
- Applies to the court when an Electronic Signature Certificate is placed before it as evidence.
- Applies when the subscriber has accepted the Electronic Signature Certificate.
- Covers the listed information recorded in the Electronic Signature Certificate.
Under BSA 87
- Applies to the court when an Electronic Signature Certificate is produced in a proceeding.
- Applies when the subscriber has accepted the Electronic Signature Certificate.
- Covers the listed information recorded in the Electronic Signature Certificate.
What IEA 85C to BSA 87 Means in Practice
The same rule applies without any substantive change, as only the word a was replaced with the word an before Electronic Signature Certificate. A court still must presume that listed details in an accepted Electronic Signature Certificate are accurate unless the contrary is proved. For matters governed by the BSA, a person in court should cite Section 87 BSA instead of Section 85C IEA.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·