Section 87 BSA 2023: Presumption as to Electronic Signature Certificates
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the evidentiary presumption attached to information contained in an Electronic Signature Certificate. The provision creates a rebuttable presumption in favour of the correctness of the certificate information when the certificate has been accepted by the subscriber, subject to the statutory exception for subscriber information that has not been verified.
Current status: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on July 1, 2024. Section 87 forms part of the BSA provisions dealing with presumptions concerning documents and electronic records.
Text of Section 87 - Bharatiya Sakshya Adhiniyam, 2023
87. Presumption as to Electronic Signature Certificates.
The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.
Meaning and scope of Section 87
The expression "shall presume" is important. Under the law of evidence, it requires the Court to draw the statutory presumption once the conditions of the provision are satisfied, but the presumption remains rebuttable because Section 87 itself says "unless contrary is proved."
In practical terms, where an Electronic Signature Certificate has been accepted by the subscriber, the Court starts with the presumption that the information stated in that certificate is correct. A party disputing that information may, however, lead evidence to rebut the presumption.
Conditions for applying the presumption
- There must be an Electronic Signature Certificate relevant to the proceeding.
- The certificate must have been accepted by the subscriber.
- The presumption concerns information listed in the certificate.
- The presumption does not extend to subscriber information that is expressly identified as not verified.
- The presumption can be rebutted by proof to the contrary.
What is an Electronic Signature Certificate?
The framework for Electronic Signature Certificates is found in the Information Technology Act, 2000. Chapter VII of that Act deals with Electronic Signature Certificates, and Section 35 concerns their issue by a Certifying Authority. The Information Technology Act also regulates Certifying Authorities and the duties of subscribers.
For evidentiary purposes, Section 87 BSA operates with that statutory framework. It does not itself prescribe the procedure for issuing an Electronic Signature Certificate; instead, it determines the evidentiary presumption that a Court may apply to information in such a certificate.
Effect of the words "unless contrary is proved"
The presumption under Section 87 is not conclusive. Evidence showing that the certificate information is inaccurate, compromised, wrongly attributed, improperly verified, or otherwise unreliable may be relied upon to rebut the presumption. The ultimate effect will depend on the evidence and circumstances of the particular proceeding.
Exception for unverified subscriber information
Section 87 expressly excludes information described as subscriber information which has not been verified. Therefore, merely appearing in the certificate does not automatically attract the statutory presumption if the relevant subscriber information is identified as unverified.
Key point: Section 87 supports the evidentiary reliability of an accepted Electronic Signature Certificate, but it does not convert every item of information in the certificate into irrebuttable proof.
Section 87 and related BSA provisions
| Provision | Subject | Relationship to Section 87 |
|---|---|---|
| Section 85 | Presumption as to electronic agreements | Deals with agreements containing electronic or digital signatures. |
| Section 86 | Presumption as to electronic records and electronic signatures | Deals with secure electronic records and secure electronic signatures. |
| Section 87 | Presumption as to Electronic Signature Certificates | Deals with correctness of certificate information, subject to the statutory conditions and exception. |
| Section 90 | Presumption as to electronic messages | Deals with a separate evidentiary presumption concerning electronic messages. |
Practical evidentiary significance
Section 87 reduces the need to prove afresh every verified item appearing in an accepted Electronic Signature Certificate. The provision is especially relevant where the authenticity or attribution of electronic transactions depends upon the certificate infrastructure established under the Information Technology Act, 2000.
At the same time, parties should distinguish between the presumption relating to certificate information and the separate requirements that may apply to proving an electronic record, establishing its contents, or proving other facts in issue. Section 87 should therefore be read with the other applicable provisions of the BSA and the Information Technology Act, 2000.
Official legal sources
Readers may verify the statutory text from the official India Code publication of the Bharatiya Sakshya Adhiniyam, 2023 and consult the Ministry of Home Affairs notification bringing the Act into force from July 1, 2024. For the certificate framework, the Information Technology Act, 2000 on India Code provides the relevant provisions concerning Electronic Signature Certificates, Certifying Authorities, and subscribers.