Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence · Presumptions as to documents
Section 85B: Presumption as to electronic records and electronic signatures
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
Unless the contrary is proved, the court must presume that a secure electronic record has not been altered since the time its secure status relates to, and that a secure electronic signature was affixed by the subscriber intending to sign or approve the record. No such presumption arises for records or signatures that are not secure.
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
(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 [electronic 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 create any presumption, relating to authenticity and integrity of the electronic record or any [electronic signature].
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 (Legislative Department), the text of the Act as it stood before its repeal. 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.
Supreme Court judgments citing the section 85B
No Supreme Court judgment in our database cites this section yet.