Section 85C Evidence Act: Presumption as to Electronic Signature Certificates
Section 85C of the Indian Evidence Act, 1872 established a rebuttable presumption about information in an accepted Electronic Signature Certificate. The corresponding current provision is Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What does the presumption mean?
An Electronic Signature Certificate is a certificate issued under the framework of the Information Technology Act, 2000, used in the verification of an electronic signature. Under the statutory presumption, a court ordinarily treats information recorded in an accepted certificate as correct unless evidence establishes otherwise.
The presumption does not extend to subscriber information expressly identified as not verified. It also depends on acceptance of the certificate by the subscriber. The presumption is rebuttable and does not, by itself, conclusively establish that a disputed electronic transaction was authorised.
Section 85C of the Indian Evidence Act, 1872
The former provision stated:
The Court shall presume, unless contrary is proved, that the information listed in a Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.
The original provision referred to a Digital Signature Certificate. The Information Technology (Amendment) Act, 2008 (Act 10 of 2009), effective 27 October 2009, substituted the expression Electronic Signature Certificate.
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023
Section 87 carries forward the presumption as to Electronic Signature Certificates. In substance, the court shall presume the correctness of information listed in such a certificate, unless the contrary is proved, where the subscriber has accepted the certificate; information identified as unverified subscriber information is excluded.
Conditions and limits
- Certificate: The record relied upon must be an Electronic Signature Certificate within the applicable statutory framework.
- Acceptance: The certificate must have been accepted by the subscriber.
- Verified particulars: The presumption does not cover subscriber particulars specifically identified as unverified.
- Rebuttal: Evidence of error, fraud, revocation or other relevant circumstances may be considered in challenging the presumed correctness.
- Scope: The presumption about certificate particulars is distinct from proving the contents, execution or authority behind every document signed electronically.
Practical example
Where a party produces an accepted Electronic Signature Certificate to establish the subscriber details recorded in it, the court may apply the statutory presumption to verified particulars. If the certificate expressly marks a subscriber address as unverified, the presumption does not extend to that address. The opposing party may also adduce evidence to rebut the presumed correctness of other particulars.
Related electronic evidence provisions
Section 85A: electronic agreements concerns the presumption regarding electronically signed agreements. Section 85B: secure electronic records and signatures addresses distinct presumptions relating to secure records and signatures. Their current BSA counterparts are Sections 85 and 86 respectively.
Official legislative sources
- Bharatiya Sakshya Adhiniyam, 2023 (India Code, official Act PDF) - see Sections 87 and 170.
- India Code - official repository for central legislation, including the Indian Evidence Act, 1872 and Information Technology Act, 2000.
- Ministry of Electronics and Information Technology - official information on India's electronic-signature framework.
This article explains the general statutory position; the governing law and proof requirements depend on the proceeding and facts.