Section 87 BSA: Presumption as to Electronic Signature Certificates
Bharatiya Sakshya Adhiniyam, 2023
Section 87 BSA at a Glance
Section 87 BSA deals with presumption as to Electronic Signature Certificates. It replaced Section 85C IEA on 1 July 2024.
Section 87 BSA Bare Act Text
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.
Source: Section 87, Bharatiya Sakshya Adhiniyam, 2023
Section 87 BSA in Simple Words
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to treat the listed details in an Electronic Signature Certificate as accurate. The Adhiniyam states that the court must presume (take as true without needing initial proof) that the recorded information is right.
For Section 87 BSA to apply, the subscriber has to have accepted the certificate. When the subscriber has accepted it, the party relying on the certificate does not need to bring separate evidence to prove the listed details set out in it.
Certain limits apply under the Adhiniyam. The presumption does not cover details marked as subscriber information that remains unverified. Also, the presumption is not final, as the opposing party can still prove in court that the recorded details are incorrect.
When Section 87 BSA Applies
- 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.
Example of Section 87 BSA
When Section 87 BSA Does Not Apply
- Does not apply to details recorded in the certificate as subscriber information that remains unverified.
- Does not stand if the opposing party proves in court that the information in the certificate is inaccurate.
Section 87 BSA in the IEA (Previous Law)
Section 87 BSA replaces Section 85C IEA from the old criminal code.
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.
FAQs on Section 87 BSA
What is Section 87 BSA?▼
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume that the listed information in an Electronic Signature Certificate is accurate if the subscriber has accepted the certificate. The rule applies unless a party proves that the information is wrong.
Can a party dispute the information in an Electronic Signature Certificate under Section 87 BSA?▼
Yes. The court must presume the listed details are accurate initially, but the opposing party can bring evidence to prove the contrary.
Does Section 87 BSA apply to unverified subscriber information?▼
No. The presumption under the Adhiniyam excludes any details specified as subscriber information that remains unverified.
Does Section 87 BSA apply if the subscriber has not accepted the certificate?▼
No. The court presumes the listed details are accurate only if the subscriber has accepted the Electronic Signature Certificate.
What is Section 87 BSA in IEA?▼
Section 85C IEA. The rule is unchanged in substance, with only a drafting edit changing the word a to the word an before Electronic Signature Certificate.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·