Law4u - Made in India

What Is BSA Section 85?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Mohammad Akleem

Advocate Mohammad Akleem

Anticipatory Bail, Armed Forces Tribunal, Civil, Consumer Court, Criminal, Cyber Crime, Family, High Court, Labour & Service, Landlord & Tenant, Muslim Law, Property, R.T.I, Recovery, Revenue, Court Marriage, Divorce, Documentation

Get Advice
Advocate Purendra Singh

Advocate Purendra Singh

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax

Get Advice
Advocate Mohammad Hamaid

Advocate Mohammad Hamaid

Criminal, Cyber Crime, Family, Muslim Law, Cheque Bounce

Get Advice
Advocate S R Londhe

Advocate S R Londhe

Anticipatory Bail, Child Custody, Court Marriage, Divorce, Domestic Violence, Family, High Court, Wills Trusts

Get Advice
Advocate Anil Parashar

Advocate Anil Parashar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Court Marriage, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, Property, Motor Accident

Get Advice
Advocate R K Bhandari

Advocate R K Bhandari

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Domestic Violence, Motor Accident, Medical Negligence, Consumer Court, Breach of Contract

Get Advice
Advocate Sushil Kumar Pandey

Advocate Sushil Kumar Pandey

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,GST,Domestic Violence,Family,High Court,Immigration,International Law,Labour & Service,Landlord & Tenant,Medical Negligence,NCLT,Patent,Property,Supreme Court,Tax,Trademark & Copyright,Revenue

Get Advice
Advocate Roshan Sahu

Advocate Roshan Sahu

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.