Section 85A IEA: Presumption as to electronic agreements

Indian Evidence Act, 1872

Section 85A IEA at a Glance

Section 85A IEA deals with presumption as to electronic agreements. From 1 July 2024 it is replaced by Section 85 BSA.

Now BSA

Section 85A IEA Bare Act Text

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.

Source: Section 85A, Indian Evidence Act, 1872

Section 85A IEA in Simple Words

Section 85A of the Indian Evidence Act, 1872 sets a rule for electronic agreements in court. It applies when an electronic record purports (appears) to be an agreement bearing an electronic signature from each party. The court must then presume (take as true) that the parties concluded the agreement by attaching those signatures.

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

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

When Section 85A IEA Applies

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.

Example of Section 85A IEA

In 2022, Ramesh and Anita prepare an electronic supply agreement for a shop in Pune. Both parties attach their electronic signatures to the electronic record. A dispute over the supply agreement later reaches a court in Pune. Under Section 85A IEA, the court must presume that the electronic supply agreement was concluded by Ramesh and Anita affixing their electronic signatures.

Section 85A IEA in the BSA

Section 85A IEA is now covered under Section 85 BSA.

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 detailed comparison (IEA 85A vs BSA 85) →

FAQs on Section 85A IEA

What is Section 85A IEA?▼

Section 85A of the Indian Evidence Act, 1872 is a rule about electronic agreements. It requires a court to presume that an electronic record appearing to be an agreement with electronic signatures from the parties was concluded by attaching those signatures.

Can a court refuse to make the presumption when an electronic agreement has electronic signatures from the parties?▼

No. Section 85A IEA requires the court to presume that the agreement was concluded by attaching those electronic signatures.

Does Section 85A IEA apply to an electronic record that has no electronic signature?▼

No. Section 85A IEA applies only when the electronic agreement contains electronic signatures from the parties.

What is Section 85A IEA in BSA?▼

Section 85 BSA replaced Section 85A IEA on 1 July 2024. In Section 85 BSA, the word electronic 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, Indian Evidence Act, 1872 ·