Indian Evidence Act, 1872 · Section 85B

IEA 85B in BSA: Section 86

Section 85B of the Indian Evidence Act, 1872 corresponds to Section 86 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 85B deals with presumption as to electronic records and [electronic signatures]. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 85B is now BSA 86.

Presumption as to electronic records and [electronic signatures]

Carried over
94% of the old wording kept
Old · IEA 1872 · Ch. V
s. 85B
Presumption as to electronic records and [electronic signatures]
(1) In any proceedings 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 proceedings, involving secure [electronic signature], the Court shall presume unless the contrary is proved that(a) the secure 134[electronic signature] is affixed by subscriber with the intention of signing or approving the electronic record;
(b) except in the case of a secure electronic record or a secure 135[electronic signature], nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any 136[electronic signature].
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. V
s. 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 secure electronic signature, the Court shall presume unless the contrary is proved that--
(a) the secure electronic signature is affixed by 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 authenticity and integrity of the electronic record or any electronic signature.
Text from India Code

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