Section 85B Indian Evidence Act 1872
Section 85B of the Indian Evidence Act 1872 is about ‘Presumption as to electronic records and electronic signatures’. It is under ‘PRESUMPTIONS AS TO DOCUMENTS‘ of Chapter V of the Act. Chapter V is titled ‘OF DOCUMENTARY EVIDENCE‘.
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].
See also:
Section 85A Indian Evidence Act 1872 (Presumption as to electronic agreements)