Section 87 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to Electronic Signature Certificates

Section 87 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to Electronic Signature Certificates

Official Bare Act Text

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

The Court shall presume, unless contrary is proved, that the information listed in an 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.

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

Court Sec 2(1)(a) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 87

Section 87 mandates that the Court shall presume that the information listed in an Electronic Signature Certificate is correct, creating an evidentiary presumption of identity and validity.

Identity Verification Presumption: Presumes that subscriber details (name, PAN, DIN, email) certified by the Certifying Authority are correct.
Certificate Validity: Presumes that the electronic signature certificate was valid at the time the signature was created.
Public Key Infrastructure Anchor: Protects financial institutions relying on Know Your Customer (KYC) digital signature verifications.

Key Landmark Precedents:

Sushil Kumar v. State of Haryana (2022) 1 SCC 712: Examined digital certificates in e-tendering, affirming that certified subscriber credentials cannot be casually disputed.
Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473: Emphasized that digital certification mechanisms provide the necessary statutory assurance of electronic authenticity.

Courtroom Practice & Strategic Litigation Guidance:

Produce the x.509 certificate metadata with the public key chain in corporate trials; under Section 87, the court must presume the accuracy of the subscriber's corporate credentials.