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BSA Section 86: Presumption as to electronic records and electronic signatures

Section 86 of the Bharatiya Sakshya Adhiniyam, 2023 deals with presumption as to electronic records and electronic signatures. It replaces Evidence Act 85B of the Indian Evidence Act, 1872.

Text of BSA Section 86

86. (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.

Presumption as to Gazettes, newspapers, and other documents.

Presumption as to Gazettes in electronic or digital record.

Presumption as to maps or plans made by authority of Government.

Presumption as to collections of laws and reports of decisions.

Presumption as to powers- of-attorney.

Presumption as to electronic agreements.

Presumption as to electronic records and electronic signatures.

Presumption as to Electronic Signature Certificates.

Presumption as to certified copies of foreign judicial records.

Presumption as to books, maps and charts.

Presumption as to electronic messages.

Presumption as to due execution, etc., of documents not produced.

Presumption as to documents thirty years old.

Presumption as to electronic records five years old.

Evidence Act sections replaced

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