What is Presumption as to electronic agreements What is Presumption as to electronic record and digital signatures What is Presumption as to Digital Signature Certificates Section 85A, 85B and 85C of Indian Evidence Act 1872

Presumption as to electronic agreements, Presumption as to electronic record and digital signatures and Presumption as to Digital Signature Certificates are defined under section 85A, 85B and 85C of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 85A of Evidence Act "Presumption as to electronic agreements"

The Court shall presume that every electronic record purporting to be an agreement containing the digital signature of the parties was so concluded by affixing the digital signature of the parties.

 

Section 85B of Evidence Act "Presumption as to electronic record and digital 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 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 digital 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 digital signature, nothing in the section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature.

 

Section 85C of Evidence Act "Presumption as to Digital Signature Certificates"

The Court shall presume, unless contrary is proved, that the information listed in a Digital Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.

 

Indian Evidence Act 1872

What is Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents What is Presumption as to Gazettes in electronic forms Section 81 and 81a of Indian Evidence Act 1872

What is Presumption as to document admissible in England without proof of seal or signature What is Presumption as to maps or plans made by authority of Government Section 82 and 83 of Indian Evidence Act 1872

What is Presumption as to collections of laws and reports of decisions What is Presumption as to powers-of-attorney Section 84 and 85 of Indian Evidence Act 1872

What is Presumption as to electronic agreements What is Presumption as to electronic record and digital signatures What is Presumption as to Digital Signature Certificates Section 85A, 85B and 85C of Indian Evidence Act 1872

What is Presumption as to certified copies of foreign judicial records What is Presumption as to books, maps and charts Section 86 and 87 of Indian Evidence Act 1872

What is Presumption as to books, maps and charts What is Presumption as to electronic messages Section 88 and 88a of Indian Evidence Act 1872

What is Presumption as to due execution, etc., of documents not produced What is Presumption as to documents thirty years old What is Presumption as to electronic records five year old Section 89, 90 and 90a of Indian Evidence Act 1872