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BSA · Section 85 · Chapter V — OF DOCUMENTARY EVIDENCE

Presumption as to electronic agreements.

What this section does

The Court shall presume that every electronic record purporting to be an agreement and containing the electronic or digital signatures of the parties was concluded by the parties affixing their electronic or digital signatures. This presumption facilitates enforcement of digitally signed contracts.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Court must presume that a digitally/electronically signed agreement was duly concluded by the parties' affixing their electronic or digital signatures.

When it applies

  • An e-commerce contract bearing the digital signatures of both parties is produced in court — the court presumes it was duly concluded by those parties.
  • A loan agreement executed via an e-signing platform with digital signatures is presumed to have been agreed to by the signatories.
Old-law correspondence

Derived from IEA s.85A.

Read the official text

For the binding statutory text of BSA Section 85, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 85 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.