Section 85C IEA: Presumption as to Electronic Signature Certificates
Indian Evidence Act, 1872
Section 85C IEA at a Glance
Section 85C IEA deals with presumption as to Electronic Signature Certificates. From 1 July 2024 it is replaced by Section 87 BSA.
Section 85C IEA Bare Act Text
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.
Source: Section 85C, Indian Evidence Act, 1872
Section 85C IEA in Simple Words
Section 85C of the Indian Evidence Act, 1872 required a court to treat the listed details in an Electronic Signature Certificate as accurate. The Act stated that the court must presume (take as true without needing initial proof) that the recorded information was right.
For Section 85C IEA to apply, the subscriber had to have accepted the certificate. When the subscriber accepted it, the party relying on the certificate did not need to bring separate evidence to prove the listed details set out in it.
Certain limits applied under the Act. The presumption did not cover details marked as subscriber information that remained unverified. Also, the presumption was not final, as the opposing party could still prove in court that the recorded details were incorrect.
When Section 85C IEA Applies
- 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.
Example of Section 85C IEA
When Section 85C IEA Does Not Apply
- Does not apply to details recorded in the certificate as subscriber information that remained unverified.
- Does not stand if the opposing party proves in court that the information in the certificate is inaccurate.
Section 85C IEA in the BSA
Section 85C IEA is now covered under Section 87 BSA.
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.
View detailed comparison (IEA 85C vs BSA 87) →FAQs on Section 85C IEA
What is Section 85C IEA?▼
Section 85C of the Indian Evidence Act, 1872 required a court to presume that the listed information in an Electronic Signature Certificate was accurate if the subscriber had accepted the certificate. The rule applied unless a party proved that the information was wrong.
Could a party challenge the details in an Electronic Signature Certificate under Section 85C IEA?▼
Yes. The court had to presume the listed details were accurate at the start, but any party could bring evidence to prove the contrary.
Did Section 85C IEA cover unverified subscriber details in the certificate?▼
No. The presumption under the Act specifically excluded details marked as subscriber information that remained unverified.
Did Section 85C IEA apply if the subscriber had not accepted the Electronic Signature Certificate?▼
No. The presumption under Section 85C IEA operated only if the subscriber had accepted the certificate.
What is Section 85C IEA in BSA?▼
Section 87 BSA. The rule continues without any substantive change, with only a drafting edit replacing the word a with the word an before Electronic Signature Certificate.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·