Bharatiya Sakshya Adhiniyam, 2023
BSA Section 86
Presumption as to electronic records and electronic signatures
In one line
BSA Section 86 deals with presumption as to electronic records and electronic signatures and replaces Evidence Act 85B.
Bare act text — BSA 86
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.
Frequently asked
What was BSA Section 86 in the Evidence Act?
BSA Section 86 (Presumption as to electronic records and electronic signatures) replaces Section 85B of the Indian Evidence Act, 1872. Evidence Act 85B is now BSA 86.
Still citing the Evidence Act? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BSA sections
- BSA 81 — Presumption as to Gazettes in electronic or digital record
- BSA 82 — Presumption as to maps or plans made by authority of Government
- BSA 83 — Presumption as to collections of laws and reports of decisions
- BSA 84 — Presumption as to powers-of-attorney
- BSA 85 — Presumption as to electronic agreements
- BSA 87 — Presumption as to Electronic Signature Certificates
- BSA 88 — Presumption as to certified copies of foreign judicial records
- BSA 89 — Presumption as to books, maps and charts
- BSA 90 — Presumption as to electronic messages
- BSA 91 — Presumption as to due execution, etc., of documents not produced