VidhiSangh

Indian Evidence Act, 1872

Section 85B: Presumption as to electronic records and 5 [electronic signatures

Repealed. Repealed from 1 July 2024. Use it for proceedings preserved by BSA section 170, including specified matters that were pending immediately before commencement.

Part II — On Proof

85B. (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 specific 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 5 [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 5 [electronic signature], nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any 5 [electronic signature ].

Source: official text of the Indian Evidence Act, 1872.