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.