Evidence law in India | Updated 20 October 2026

Section 85B Evidence Act: Presumption as to Electronic Records and Electronic Signatures

Section 85B of the Indian Evidence Act, 1872 provided special rebuttable presumptions for secure electronic records and secure electronic signatures. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 is Section 86.

Current legal position: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023) commenced on 1 July 2024. Section 86 governs this presumption under the new evidence law. The repeal and savings provisions should be checked for proceedings pending when the new Act commenced.

Meaning and scope of the presumption

A legal presumption is a conclusion that the court is required to draw when specified foundational facts are established, unless the opposing party proves otherwise. The expression shall presume describes a rebuttable presumption, not conclusive proof.

A secure electronic record or secure electronic signature is not merely any digital file or electronically signed document. Its secure status depends on the applicable provisions of the Information Technology Act, 2000 and the relevant prescribed security procedures.

Section 86 of the Bharatiya Sakshya Adhiniyam, 2023

The current provision is titled Presumption as to electronic records and electronic signatures. Its operative rules are:

Sub-section (1): In proceedings involving a secure electronic record, the court shall presume, unless the contrary is proved, that the record has not been altered since the point of time to which its secure status relates.

Sub-section (2)(a): For a secure electronic signature, the court shall presume, unless the contrary is proved, that the subscriber affixed it with the intention of signing or approving the electronic record.

Sub-section (2)(b): Outside secure electronic records and secure electronic signatures, this section creates no presumption of authenticity or integrity.

Read the enacted provision in the official Bharatiya Sakshya Adhiniyam, 2023 (PDF).

Former Section 85B of the Indian Evidence Act, 1872

Former Section 85B established the same core rule: a secure electronic record was presumed unaltered from the relevant time, and a secure electronic signature was presumed to have been affixed by the subscriber with an intention to sign or approve. It expressly withheld that presumption for electronic records and signatures lacking secure status.

The historical provision was inserted through the Information Technology Act, 2000. References to digital signatures were subsequently updated to electronic signatures through the Information Technology (Amendment) Act, 2008, brought into force in 2009.

How the rule applies in court

Secure record: The party relying on the presumption must establish that the record qualifies as secure and identify the time to which that status relates.
Secure signature: The presumption concerns the subscriber's intention to sign or approve; evidence may still be offered to rebut it.
Ordinary electronic record: A screenshot, email, message, PDF or scanned file does not gain the special presumption merely because it is electronic.
Admissibility: Section 86 should be read separately from the requirements governing proof and admissibility of electronic records, especially Sections 61 to 63 of the Bharatiya Sakshya Adhiniyam.

Electronic evidence and proof requirements

Section 61 recognises electronic and digital records without discrimination solely because of their format, subject to Section 63. Section 62 addresses proof of their contents through Section 63. Section 63 sets out conditions for admissibility of specified computer outputs and the associated certificate requirements. Section 66 deals with proof of electronic signatures other than secure electronic signatures.

Consequently, a presumption under Section 86 is not a blanket exemption from applicable admissibility requirements. Parties should preserve original records, metadata, signature-validation information and relevant certificates where required.

Frequently asked questions

Is every electronic signature presumed genuine?

No. Section 86 expressly limits its special presumption to secure electronic records and secure electronic signatures.

Can the presumption be challenged?

Yes. It applies unless the contrary is proved. Evidence of tampering, compromised credentials or other relevant circumstances may be considered.

What replaced Section 85B?

Section 86 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding current provision.

Official legal references

This article provides general legal information. Application of transitional provisions and evidentiary requirements depends on the proceeding and the facts.