LawDadi - Indian law and legal updates

Evidence law in India | Updated 20 October 2026

Section 85A Evidence Act: Presumption as to Electronic Agreements

Section 85A of the Indian Evidence Act, 1872 established a presumption for agreements bearing the electronic signatures of the parties. The corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 is Section 85.

Current legal position: The Bharatiya Sakshya Adhiniyam, 2023 (BSA) came into force on 1 July 2024 and repealed the Indian Evidence Act, 1872, subject to the BSA's savings provision for pending proceedings. Section 85 BSA is the corresponding rule for electronic agreements.

Section 85A of the Indian Evidence Act, 1872

Heading: 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.

Section 85A was introduced by the Information Technology Act, 2000 and subsequently reflected the terminology of electronic signatures. The original provision is relevant to the interpretation of older cases and proceedings governed by the repealed Act.

Section 85 of the Bharatiya Sakshya Adhiniyam, 2023

Heading: Presumption as to electronic agreements.

Section 85 BSA directs the court to presume that an electronic record purporting to be an agreement containing the electronic or digital signatures of the parties was concluded by affixing those signatures. It carries forward the essential evidentiary principle of former Section 85A.

This is a rebuttable presumption. It addresses the apparent manner of conclusion of an electronically signed agreement; it does not automatically establish that every contractual term is lawful, that consent was free, or that the underlying transaction is enforceable.

Meaning and legal effect

What is an electronic agreement?

An electronic agreement is an agreement recorded in electronic form, such as a digitally signed contract or other electronic record bearing legally recognised electronic signatures. The Information Technology Act, 2000 provides the framework for recognition of electronic records, electronic signatures and contracts formed through electronic means.

What does "shall presume" mean?

Under the BSA, "shall presume" generally requires the court to regard the specified fact as proved unless and until it is disproved. Accordingly, the opposing party may produce evidence challenging the signature, attribution, authenticity or circumstances of execution.

Does every email or click-through agreement receive this presumption?

No. The particular statutory presumption concerns electronic records purporting to be agreements containing the relevant electronic or digital signatures. Other electronic communications or click-through arrangements may still be legally effective, but their proof depends on the applicable law and evidence.

Proving an electronically signed agreement

  • Identify the record: Preserve the complete agreement, attachments, signing certificate information and any associated audit trail.
  • Establish admissibility: Where applicable, comply with Section 63 BSA requirements for electronic records and the prescribed certificate.
  • Examine authentication: Consider the electronic signature method, signer identity, integrity of the record and any challenge to the signature.
  • Assess enforceability separately: The presumption does not displace requirements of the Indian Contract Act, 1872 or other laws governing the transaction.

Section 86 BSA: Presumptions concerning electronic records and electronic signatures, including secure electronic records and secure electronic signatures.

Section 87 BSA: Presumption as to electronic signature certificates.

Information Technology Act, 2000: Sections 3 and 3A deal with digital and electronic signatures; Section 5 addresses legal recognition of electronic signatures; Section 10A addresses validity of contracts formed through electronic means.

Frequently asked questions

Which law replaced Section 85A of the Indian Evidence Act?

Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision governing the presumption as to electronic agreements.

Can the presumption be challenged?

Yes. It is rebuttable, and relevant evidence may be presented to disprove the presumed execution or authenticity.

Is an electronic signature enough to prove a valid contract?

Not necessarily. Signature-related evidentiary presumptions do not by themselves resolve capacity, consent, legality, statutory formalities or other requirements for a valid contract.

Official legislation and reference sources

Legal information is general in nature. Applicability to a particular case depends on its facts, governing law and procedural stage.