Bharatiya Sakshya Adhiniyam, 2023 · Chapter V: Of Documentary Evidence · Presumptions as to documents
Section 85: Presumption as to electronic agreements
In plain words
The court must presume that an electronic record appearing to be an agreement carrying the parties' electronic or digital signatures was concluded by the parties affixing those signatures.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 85
No Supreme Court judgment in our database cites this section yet.