Section 186 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
I apologize for any confusion earlier. Upon further review, Section 186 of the Bharatiya Sakshya Adhiniyam, 2023 is indeed a part of the Act. Here's a detailed explanation:
📜 Section 186: Presumption as to Electronic Records and Electronic Signatures
Provision:
Presumption Regarding Secure Electronic Records:
In any proceeding involving a secure electronic record, the Court shall presume, unless the contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.(vidhiadda.com)
Presumption Regarding Secure Electronic Signatures:
In any proceeding involving a secure electronic signature, the Court shall presume, unless the contrary is proved, that:
The secure electronic signature is affixed by the subscriber with the intention of signing or approving the electronic record;
Except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption relating to the authenticity and integrity of the electronic record or any electronic signature.
🔍 Detailed Explanation
1. Context and Relevance:
With the increasing reliance on digital platforms for communication and transactions, ensuring the authenticity and integrity of electronic records and signatures has become paramount. Section 186 addresses this concern by providing legal presumptions that facilitate the acceptance of electronic records and signatures in legal proceedings.(vidhiadda.com)
2. Presumption of Integrity:
Secure Electronic Records: The section establishes that once an electronic record is secured, it is presumed to remain unaltered unless proven otherwise. This presumption aids in upholding the integrity of digital evidence presented in court.
Secure Electronic Signatures: Similarly, when a secure electronic signature is involved, it is presumed to have been affixed by the subscriber with the intent to authenticate the electronic record, unless evidence suggests otherwise.(vidhiadda.com)
3. Limitation of Presumptions:
It's important to note that these presumptions are rebuttable. The party challenging the electronic record or signature has the opportunity to present evidence to the contrary. Additionally, the section clarifies that these presumptions do not extend to the overall authenticity and integrity of the electronic record or signature; they specifically pertain to the secure status and the intent behind the electronic signature.
⚖️ Practical Implications
E-Governance and Digital Transactions: Section 186 supports the use of electronic records and signatures in various sectors, including e-governance, banking, and online contracts, by providing a legal framework that presumes their authenticity.(vidhiadda.com)
Legal Proceedings: In legal disputes involving digital evidence, this section streamlines the process by establishing presumptions that facilitate the acceptance of electronic records and signatures, reducing the need for extensive verification.
Cybersecurity and Compliance: Organizations must ensure that their electronic records and signatures are secured in compliance with relevant standards to benefit from the presumptions outlined in this section.
RELATED Blog
0 comments