Section 85 BSA: Presumption as to electronic agreements

Bharatiya Sakshya Adhiniyam, 2023

Section 85 BSA at a Glance

Section 85 BSA deals with presumption as to electronic agreements. It replaced Section 85A IEA on 1 July 2024.

Was IEA

Section 85 BSA Bare Act Text

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.

Source: Section 85, Bharatiya Sakshya Adhiniyam, 2023

Section 85 BSA in Simple Words

Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 sets a rule for electronic agreements in court. It applies when an electronic record purports (appears) to be an agreement bearing an electronic or digital signature from each party. The court must then presume (take as true) that the parties concluded the agreement by attaching those electronic or digital signatures.

Under Section 85 BSA, the document brought to court must be an electronic record that looks like an agreement. That electronic record must also contain electronic or digital signatures from the parties involved.

When both conditions exist, the Adhiniyam gives the court a mandatory rule. The court has to treat the agreement as concluded by the parties affixing (attaching) their electronic or digital signatures.

When Section 85 BSA Applies

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.

Example of Section 85 BSA

In August 2024, Farhan and Priya prepare an electronic lease agreement for an office in Jaipur. Both parties attach their digital signatures to the electronic record. A dispute over the lease agreement later reaches a court in Jaipur. Under Section 85 BSA, the court must presume that the electronic lease agreement was concluded by Farhan and Priya affixing their digital signatures.

Section 85 BSA in the IEA (Previous Law)

Section 85 BSA replaces Section 85A IEA from the old criminal code.

Section 85A of the Indian Evidence Act, 1872 became Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. "Electronic" reads "electronic or digital" in this presumption.

View IEA Section 85A →Compare IEA 85A vs BSA 85 →

FAQs on Section 85 BSA

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·