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Indian Evidence Act, 1872

Section 85B

Presumption as to electronic records and digital signatures

Quick Answer Reference: Section 85B IEA

  • Provision: Section 85B of IEA
  • Act: Indian Evidence Act, 1872
  • Classification: evidence
  • Jurisdiction: India
Statutory Content

What does Section 85B of IEA say?

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. In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that— the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record; except in the case of a secure electronic record or a secure digital signature, nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any digital signature.

Indian StandardSection 85B, Indian Evidence Act, 1872
Bluebook (21st ed.)Indian Evidence Act, 1872, § 85B (India)
Court Pleading StandardSection 85B of the Indian Evidence Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-evidence-act-1872/85b

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 85B IEA

What is Section 85B of IEA?

Section 85B of the Indian Evidence Act, 1872 (IEA) defines and regulates "Presumption as to electronic records and digital signatures". The section states: 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 specif...

Landmark Case Laws

Landmark Judgments under Section 85B IEA

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

2017 10 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 85B