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Section 85B: Presumption as to electronic records and electronic signatures

The Indian Evidence Act, 1872Central Act · Act 1 of 1872

Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024

85B. Presumption as to electronic records and 5[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 digital signature, the Court shall presume unless the contrary is proved that --

(a) the secure 1[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 1[electronic signature], nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any 1[electronic signature].

Where this provision sits

ActThe Indian Evidence Act, 1872
Section85B
Marginal notePresumption as to electronic records and electronic signatures
JurisdictionCentral
StatusRepealed
Judgments citing it1

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