Section 86 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 86 of the Bharatiya Sakshya Adhiniyam, 2023 addresses the presumption of authenticity and integrity concerning secure electronic records and electronic signatures in legal proceedings.
📜 Section 86: Presumption as to Electronic Records and Electronic Signatures
Subsection (1): Secure Electronic Records
In any legal proceeding involving a secure electronic record, the court shall presume—unless proven otherwise—that the secure electronic record has not been altered since the specific point in time to which its secure status relates.
Subsection (2): Secure Electronic Signatures
In any legal proceeding involving a secure electronic signature, the court shall presume—unless proven otherwise—that:
(a) The secure electronic signature was affixed by the 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 the authenticity and integrity of the electronic record or any electronic signature.
🔍 Significance of Section 86
Enhanced Legal Recognition of Digital Evidence: This provision acknowledges the importance of secure electronic records and signatures in the digital age, ensuring they are given due consideration in legal proceedings.
Facilitation of E-Governance and Digital Transactions: By establishing presumptions regarding the authenticity and integrity of electronic records and signatures, Section 86 supports the broader adoption of e-governance initiatives and digital transactions.
Burden of Proof: The onus is on the party challenging the authenticity or integrity of the electronic record or signature to provide evidence to the contrary.
⚖️ Practical Application
Electronic Contracts: In disputes involving electronically signed contracts, the court will presume that the electronic signatures were affixed with the intention of signing or approving the document, unless evidence suggests otherwise.
Digital Evidence in Criminal Cases: In criminal proceedings, if secure electronic records are presented as evidence, the court will presume they have not been altered since their creation, unless proven otherwise.
🧾 Example
Scenario: A company presents an electronically signed agreement in court, asserting that the document has not been altered since it was signed.
Application of Section 86: The court will presume that the electronic signature was affixed with the intention of signing or approving the agreement and that the document has not been altered since its creation, unless evidence to the contrary is provided.
Summary: Section 86 of the Bharatiya Sakshya Adhiniyam, 2023, establishes legal presumptions regarding the authenticity and integrity of secure electronic records and signatures. These presumptions facilitate the acceptance and use of digital evidence in legal proceedings, aligning with the evolving landscape of digital documentation and transactions.
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