INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
85B. Presumption as to electronic records and electronic signatures.
86. Presumption as to electronic records and electronic signatures.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
85B. Presumption as to electronic records and 5[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 5[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 5[electronic signature], nothing in
this section shall cerate any presumption, relating to authenticity and integrity of the electronic record
or any 5[electronic signature].
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
86. Presumption as to electronic records and electronic signatures.—(1) In any proceeding
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 proceeding, involving secure electronic 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.
Current law India Code — BSA 2023