Bharatiya Sakshya Adhiniyam, 2023

Section 86 BSA: Presumption as to Electronic Records and Electronic Signatures

Updated: 13 September 2026

Section 86 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) creates rebuttable legal presumptions in proceedings involving a secure electronic record or a secure electronic signature. The provision is important in electronic evidence because it identifies the circumstances in which a court must begin with a presumption of integrity or intentional signing, unless the contrary is proved.

LawBharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023)
ProvisionSection 86
SubjectSecure electronic records and secure electronic signatures
In force from1 July 2024
On this page

Text of Section 86 of the 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.

Meaning and Effect of Section 86

Section 86 deals with a special category of electronic evidence: records and signatures that qualify as secure. When that threshold is met, the Court is directed to draw the statutory presumption stated in the section. The presumption is not absolute because the opposing party may prove the contrary.

1. Presumption for a secure electronic record

Under sub-section (1), once the proceeding involves a secure electronic record, the Court shall presume that the record has not been altered from the specific point of time to which its secure status relates. In practical terms, the provision addresses integrity after the record acquires secure status.

2. Presumption for a secure electronic signature

Under sub-section (2)(a), where a secure electronic signature is involved, the Court shall presume that the subscriber affixed it with the intention of signing or approving the electronic record. This is also a rebuttable presumption.

3. No general presumption for every electronic record or signature

Clause (b) expressly limits the rule. Section 86 does not create a general presumption of authenticity or integrity for an electronic record or electronic signature merely because it exists in electronic form. The special presumption is confined to a secure electronic record or a secure electronic signature.

Key point: Section 86 distinguishes between ordinary electronic evidence and electronic evidence that has the legally recognised status of being secure. The statutory presumption applies only to the latter category.

What Is a Secure Electronic Record or Secure Electronic Signature?

The BSA provision should be read with the Information Technology Act, 2000, which contains the legal framework for secure electronic records and secure electronic signatures.

Secure electronic record - Section 14, Information Technology Act, 2000

Section 14 provides, in substance, that where a security procedure has been applied to an electronic record at a specific point of time, the record is treated as a secure electronic record from that point of time to the time of verification.

Secure electronic signature - Section 15, Information Technology Act, 2000

Section 15 sets out when an electronic signature is deemed secure. Among other requirements, the signature creation data at the time of affixing the signature must be under the exclusive control of the signatory and stored and affixed in the prescribed exclusive manner.

Important: Whether an electronic record or signature satisfies the legal requirements of being secure depends on the applicable statutory requirements and the evidence concerning the security procedure, signature process and verification.

Scope and Limits of the Presumption

The words “shall presume unless the contrary is proved” make the presumption mandatory once the statutory conditions are satisfied, but they also permit rebuttal. A party disputing the record or signature may therefore lead evidence capable of disproving the presumed integrity or the presumed intention of the subscriber.

Section 86 should also be distinguished from provisions governing the admissibility and proof of electronic or digital records generally. It addresses a presumption arising from secure status; it does not by itself replace other requirements that may apply to the proof or admissibility of electronic evidence.

Section 86 forms part of the group of provisions dealing with presumptions as to documents and electronic records. Closely related provisions include Section 85 on electronic agreements, Section 87 on Electronic Signature Certificates, Section 90 on electronic messages and Section 93 on electronic records five years old.

Official Legal Resources

For the authoritative text and commencement details, refer to the official Government of India resources:

This page is intended as a general legal reference. For a court filing or disputed electronic evidence, the facts, applicable procedural provisions and current judicial interpretation should also be examined.