Bharatiya 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 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.
Why this exists
As India moved toward digital governance and e-commerce, laws needed a way to make electronic documents and signatures legally reliable in court without requiring exhaustive proof every time. Building on the earlier Information Technology Act, 2000 and Indian Evidence Act, 1872 amendments, this provision (carried into the Bharatiya Sakshya Adhiniyam, 2023) gives special evidentiary weight to records and signatures that have passed recognized 'secure' technical processes (like specific encryption or verification methods), encouraging trust in digital transactions while still allowing challenges if there's real doubt.
Common misconceptions
- Myth: Any electronic signature or email automatically gets this special legal trust.
Fact: Only signatures and records that meet the technical definition of 'secure' under the law get this presumption; ordinary digital signatures or scanned signatures don't automatically qualify. - Myth: Once something is called 'secure,' it can never be challenged in court.
Fact: The presumption can still be disproved — a party can present evidence showing the record was altered or the signature was misused.