IEA 85A — Presumption as to electronic agreements

Indian Evidence Act, 1872

Statutory text

[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.
 85B. Presumption as to electronic records and

[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

[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 cerate any presumption, relating to authenticity and integrity of the electronic record
or any

[electronic signature].
 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.]
86.  Presumption  as  to  certified  copies  of  foreign  judicial  records.   The  Court  may  presume  that
any document purporting to be a certified copy of any judicial record of

[

* * * any country not forming
part  of  India  or]  of  Her  Majesty’s  Dominions  is  genuine  and  accurate,  if  the  document  purports  to  be
certified in any manner which is certified by any representative of

* * * the

[Central Government]

[in
or  for]

[such  country]  to  be  the  manner  commonly  in  use  in

[that  country]  for  the  certification  of copies of judicial records.

[An  officer  who,  with  respect  to

***  any  territory  or  place  not  forming  part  of

[India  or]  Her
Majesty’s Dominions, is a Political Agent there for, as defined in section 3,

[clause (43)], of the General

16. Subs., ibid., for “clause (40)”.

Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of
the

[Central Government]

[in and for the country] comprising that territory or place].

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