What Is BSA Section 85?

Bhartiya Sakshya Adhiniyam, 2023 - Section 85: Presumption as to electronic agreements

• The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.

Brefe Detail

Section 85 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a legal presumption regarding electronic agreements. It asserts that any electronic record claiming to be an agreement with electronic or digital signatures is presumed valid and concluded with those signatures unless proven otherwise.

Question & Answers

Q1: What does Section 85 of the Bhartiya Sakshya Adhiniyam, 2023 state about electronic agreements?

A1: It states that the Court shall presume that every electronic record purporting to be an agreement with electronic or digital signatures is valid and concluded by those signatures.

Q2: What is required for an electronic agreement to be presumed valid under this section?

A2: The electronic record must contain the electronic or digital signature of the parties involved.

Q3: What is the significance of this presumption in legal contexts?

A3: This presumption facilitates the acceptance of electronic agreements in legal proceedings, simplifying the verification process for such documents.

Example

• A contract is created electronically, and both parties sign it with their digital signatures. The court will presume that the agreement is valid based on the presence of these signatures.
• In a dispute over an online transaction, an electronic record shows the parties' digital signatures. The court accepts this as evidence of a valid agreement unless challenged.

Summary

Section 85 of the Bhartiya Sakshya Adhiniyam, 2023 provides a presumption of validity for electronic agreements that contain electronic or digital signatures. This presumption supports the enforceability of such agreements in legal proceedings by affirming their authenticity unless proven otherwise.