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Evidence Act · Chapter V · Of documentary evidence

Evidence Act section 85C in the BSA

Evidence Act 85CBSA 87

Evidence Act section 85C, “Presumption as to Electronic Signature Certificates”, is now BSA section 87 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 85C to BSA 87

Now BSA section 87, with the same presumption.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 85C Presumption as to Electronic Signature Certificates

The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.

Bharatiya Sakshya Adhiniyam, 2023

Section 87 Presumption as to Electronic Signature Certificates

The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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)).

Sources

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