Sections 85A, 85B and 85C of the Indian Evidence Act 1872: Presumptions for Electronic Records and Digital Signatures
Sections 85A, 85B and 85C of the Indian Evidence Act, 1872 dealt with statutory presumptions concerning electronic agreements, secure electronic records, digital signatures and Digital Signature Certificates. This article explains the legal position applicable immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force.
Section 85A - Presumption as to Electronic Agreements
Legal rule: Section 85A required the Court to presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was concluded by affixing those digital signatures.
The provision gave an evidentiary presumption to an electronic agreement when the electronic record purported to contain the parties' digital signatures. It addressed the manner in which such an electronic agreement was concluded; it did not by itself resolve every possible dispute concerning validity, authority, fraud, capacity, legality or other contractual requirements.
Section 85B - Presumption as to Electronic Records and Digital Signatures
Secure electronic record
Under Section 85B(1), where proceedings involved a secure electronic record, the Court was required to presume, unless the contrary was proved, that the record had not been altered since the point of time to which its secure status related.
Secure digital signature
Under Section 85B(2), where proceedings involved a secure digital signature, the Court was required to presume, unless the contrary was proved, that the secure digital signature was affixed by the subscriber with the intention of signing or approving the electronic record.
The section also limited the presumption: except in the case of a secure electronic record or secure digital signature, Section 85B did not itself create a presumption concerning the authenticity and integrity of an electronic record or a digital signature.
Section 85C - Presumption as to Digital Signature Certificates
Section 85C required the Court to presume, unless the contrary was proved, that information listed in a Digital Signature Certificate was correct, except subscriber information that had not been verified, where the certificate had been accepted by the subscriber.
The presumption was therefore rebuttable and was subject to the statutory exception for subscriber information that had not been verified.
Meaning and Practical Effect of These Presumptions
The expression "shall presume" under the Evidence Act created a rebuttable statutory presumption: once the conditions of the relevant provision were established, the Court was required to presume the specified fact unless evidence displaced that presumption.
Sections 85A to 85C were aimed at evidentiary reliability in electronic transactions. Section 85A concerned electronically signed agreements; Section 85B dealt specifically with secure electronic records and secure digital signatures; and Section 85C concerned information contained in an accepted Digital Signature Certificate.