Presumption as to electronic records and electronic signatures
Chapter 5: Of documentary evidence
(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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 83Presumption as to collections of laws and reports of decisionsEvidence Act 84
- 84Presumption as to powers-of-attorney
- 85Presumption as to electronic agreementsEvidence Act 85A
- 87Presumption as to Electronic Signature CertificatesEvidence Act 85C
- 88Presumption as to certified copies of foreign judicial recordsEvidence Act 86
- 89Presumption as to books, maps and chartsEvidence Act 87