Bharatiya Sakshya Adhiniyam, 2023 · Chapter V: Of Documentary Evidence · Presumptions as to documents
Section 86: Presumption as to electronic records and electronic signatures
In plain words
In proceedings involving a secure electronic record, the court presumes, unless the contrary is proved, that it has not been altered since the time its secure status relates to. For a secure electronic signature, it presumes the subscriber affixed it intending to sign or approve the record.
- Apart from secure records and signatures, this section creates no presumption about the authenticity or integrity of electronic records or signatures.
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 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.
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 (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. 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. Official text on India Code.
Supreme Court judgments citing the section 86
No Supreme Court judgment in our database cites this section yet.