Evidence Act · Chapter V · Of documentary evidence

Evidence Act section 85A in the BSA

Evidence Act 85ABSA 85

Evidence Act section 85A, “Presumption as to electronic agreements”, is now BSA section 85 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 85A to BSA 85

Now BSA section 85, which covers electronic “or digital” records containing agreements.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 85A Presumption as to electronic agreements

The Court shall presume that every electronic record purporting to be an agreement containing the electronic signature of the parties was so concluded by affixing the electronic signature of the parties.

Bharatiya Sakshya Adhiniyam, 2023

Section 85 Presumption as to electronic agreements

The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).