Law4u - Made in India

What Is BSA Section 86?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Ankit Awasthi

Advocate Ankit Awasthi

Civil, Criminal, GST, Insurance, Arbitration

Get Advice
Advocate Dr.U.JHAGGON GOWDH

Advocate Dr.U.JHAGGON GOWDH

Anticipatory Bail, Civil, Corporate, Criminal, Supreme Court, Cheque Bounce, Family, High Court, Succession Certificate, Motor Accident, Property, Banking & Finance, Armed Forces Tribunal, Arbitration, Breach of Contract

Get Advice
Advocate Ashutosh Kumar

Advocate Ashutosh Kumar

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law

Get Advice
Advocate Dinesh Bishnoi

Advocate Dinesh Bishnoi

High Court, Cheque Bounce, Child Custody, Criminal, Anticipatory Bail

Get Advice
Advocate Abhinandan Kumar

Advocate Abhinandan Kumar

Cheque Bounce, Consumer Court, Divorce, Family, Criminal

Get Advice
Advocate Deepam Popat

Advocate Deepam Popat

Civil, Criminal, Cheque Bounce, Motor Accident, Property, Divorce, Family, Anticipatory Bail, Consumer Court, Domestic Violence, Landlord & Tenant, Labour & Service, Supreme Court, Succession Certificate, High Court

Get Advice
Advocate Manan Trivedi

Advocate Manan Trivedi

Cheque Bounce, Civil, Criminal, Family, Property

Get Advice
Advocate Nikhil Bhavsar

Advocate Nikhil Bhavsar

Criminal, Divorce, Domestic Violence, Family, Succession Certificate

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.