What Is BSA Section 87?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 87 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a presumption regarding the accuracy of information in Electronic Signature Certificates. It asserts that such information is presumed correct unless there is evidence to the contrary, with the exception of unverified subscriber information.

Question & Answers

Q1: What does Section 87 state about Electronic Signature Certificates?

A1: It states that the Court shall presume that the information listed in an Electronic Signature Certificate is correct, unless proven otherwise.

Q2: What is excluded from this presumption of correctness?

A2: Information specified as subscriber information that has not been verified is excluded from this presumption.

Q3: Under what condition does this presumption apply?

A3: The presumption applies if the Electronic Signature Certificate was accepted by the subscriber.

Example

• A business uses an Electronic Signature Certificate to sign a contract. The court will presume that the information in the certificate is correct unless evidence is provided to challenge it.
• If a dispute arises regarding the validity of an Electronic Signature Certificate, the court will accept the information as accurate unless it can be shown that the subscriber information has not been verified.

Summary

Section 87 of the Bhartiya Sakshya Adhiniyam, 2023 provides a presumption of correctness for the information in Electronic Signature Certificates accepted by subscribers. This presumption aids in the legal acceptance of electronic signatures, ensuring that the listed information is treated as accurate unless proven otherwise, with specific exceptions for unverified subscriber data.