What Is BSA Section 86?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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 a secure electronic signature, the Court shall presume, unless the contrary is proved that—
   • (a) the secure electronic signature is affixed by the 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 the authenticity and integrity of the electronic record or any electronic signature.

Brefe Detail

Section 86 of the Bhartiya Sakshya Adhiniyam, 2023 establishes legal presumptions regarding secure electronic records and electronic signatures. It asserts that such records are presumed to be unaltered and that electronic signatures are affixed with the intention of approval, unless proven otherwise.

Question & Answers

Q1: What does Section 86 state about secure electronic records?

A1: It states that the Court shall presume that a secure electronic record has not been altered since the specific point of time to which its secure status relates, unless contrary is proved.

Q2: What is presumed about secure electronic signatures under this section?

A2: The Court shall presume that the secure electronic signature is affixed by the subscriber with the intention of signing or approving the electronic record unless the contrary is proved.

Q3: Does this section create any presumption about the authenticity of electronic records?

A3: No, except in the case of a secure electronic record or signature, this section does not create any presumption regarding the authenticity and integrity of the electronic record or any electronic signature.

Example

• In a legal dispute regarding an electronic contract, if a secure electronic record is presented, the court will assume it has not been altered since its secure status was established unless evidence suggests otherwise.
• If a party submits an electronic document signed with a secure electronic signature, the court will presume that the signature was affixed with the intention of approving the document unless challenged.

Summary

Section 86 of the Bhartiya Sakshya Adhiniyam, 2023 provides presumptions related to secure electronic records and signatures, facilitating their acceptance in legal proceedings by affirming their unaltered status and the intention behind signatures unless proven otherwise.