Section 85B IEA: Presumption as to electronic records and electronic signatures

Indian Evidence Act, 1872

Section 85B IEA at a Glance

Section 85B IEA deals with presumption as to electronic records and electronic signatures. From 1 July 2024 it is replaced by Section 86 BSA.

Now BSA

Section 86 →

Section 85B IEA Bare Act Text

85B. Presumption as to electronic records and electronic signatures

(1) In any proceedings involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.

(2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that—

(a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record;

(b) except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.

Source: Section 85B, Indian Evidence Act, 1872

Section 85B IEA in Simple Words

Section 85B of the Indian Evidence Act, 1872 tells a court what to presume (take as true) about secure electronic records and signatures. Each presumption applies in proceedings unless a party proves the contrary (the opposite).

Section 85B(1) IEA covers proceedings that involve a secure electronic record. The court must presume that the record was not altered after the specific time when its secure status applied. Section 85B(2) IEA covers proceedings that involve a secure digital signature. The court must presume that the subscriber affixed (attached) the secure electronic signature intending to sign or approve the record.

These presumptions apply only when the electronic record or electronic signature is secure. Otherwise, the Act creates no presumption about the authenticity (genuineness) or integrity (unaltered state) of any electronic record or signature.

When Section 85B IEA Applies

  • Proceedings before a court involve a secure electronic record.
  • Unless the opposite is proved, the court must presume that the secure record was not changed after the specific time when its secure status applied.
  • Proceedings before a court involve a secure digital signature.
  • Unless the opposite is proved, the court must presume that the subscriber attached the secure electronic signature intending to sign or approve the record.

Example of Section 85B IEA

In 2021, Anita produces a secure electronic invoice with a secure digital signature in a court proceeding in Kochi. Farhan claims that the invoice was changed and was signed without approval, but presents no proof. Under Section 85B IEA, because the contrary is not proved, the court must presume that the subscriber affixed the secure electronic signature intending to approve the record. Under the same rule, the court must also presume that the secure electronic invoice was not altered after the time when its secure status applied.

When Section 85B IEA Does Not Apply

  • The section creates no presumption about the authenticity or integrity of any electronic record or electronic signature that is not secure.
  • The presumptions under sub-sections (1) and (2) do not apply when the opposite is proved in court.

Section 85B IEA in the BSA

Section 85B IEA is now covered under Section 86 BSA.

Section 85B of the Indian Evidence Act, 1872 became Section 86 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Sub-section (2) reads "secure electronic signature" for "secure digital signature". Otherwise the same.

View detailed comparison (IEA 85B vs BSA 86) →

FAQs on Section 85B IEA

What is Section 85B IEA?▼

Section 85B of the Indian Evidence Act, 1872 sets presumptions for secure electronic records and signatures in legal proceedings. Unless the contrary is proved, the court must presume that a secure electronic record is unaltered and that a secure electronic signature was attached with the intention to sign or approve the record.

Can a party disprove a presumption made under Section 85B IEA?▼

Yes. Under both parts of Section 85B IEA, the court makes the presumption only unless the contrary is proved.

Does Section 85B IEA create a presumption for an electronic record that is not secure?▼

No. Under Section 85B(2)(b) IEA, the Act creates no presumption about authenticity or integrity unless the electronic record or electronic signature is secure.

What is Section 85B IEA in BSA?▼

Section 86 BSA replaced Section 85B IEA on 1 July 2024. Sub-section (2) of Section 86 BSA reads secure electronic signature in place of secure digital signature, and the rest of the rule is the same.

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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 ·