Section 86 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to electronic records and electronic signatures

Section 86 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to electronic records and electronic signatures

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) In any proceeding 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 proceeding, 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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Proved Sec 2(1)(f) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 86

Section 86 establishes statutory presumptions regarding secure electronic records and secure electronic signatures, presuming data integrity from the time of signing and attribution to the subscriber.

Integrity Presumption: Presumes that the secure electronic record has not been altered since the specific point in time to which the secure status relates.
Attribution Presumption: Presumes that the secure electronic signature was affixed by the subscriber with the intention of signing or approving the electronic record.
Absence of Coercion Presumption: Places a heavy burden on a party seeking to disown an agreement executed using their private cryptographic key.

Key Landmark Precedents:

State (NCT of Delhi) v. Navjot Sandhu (2005) 11 SCC 600: Discussed cryptographic keys and secure digital records, noting that secure procedures eliminate risks of intermediary tampering.
Shamsher Singh Verma v. State of Haryana (2016) 15 SCC 485: Reiterated that digital integrity verified by statutory security procedures carries strong evidentiary weight.

Courtroom Practice & Strategic Litigation Guidance:

If an adversary claims their digital token or private key was 'misused by an employee', invoke Section 86: the law presumes the signature was affixed by the subscriber, requiring the adversary to prove criminal theft or cyber compromise.