Bharatiya Sakshya Adhiniyam, 2023
Section 86, BSA: Presumption as to electronic records and electronic signatures
Section 86 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.
What it replaces
| BSA provision | Evidence Act provision | Relation |
|---|---|---|
| Section 86 | Section 85B | corresponds |
From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.
The section
86. Presumption as to electronic records and electronic signatures.
(1) In any proceeding 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 proceeding, involving secure electronic 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 create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.
Sources
- India Code: Bharatiya Sakshya Adhiniyam, 2023, section 86 (read 1 September 2026)
- Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)