BSA §86
Presumption as to electronic records and.
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Comparison
85B. Presumption as to electronic records and 5[electronic signatures]. ––
(1) 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.
(2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary is proved that— (a) the secure 5[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 5[electronic signature], nothing in this section shall cerate any presumption, relating to authenticity and integrity of the electronic record or any 5[electronic signature].
86.
(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. Presumption as to Gazettes, newspapers, and other documents. Presumption as to Gazettes in electronic or digital record. Presumption as to maps or plans made by authority of Government. Presumption as to collections of laws and reports of decisions. Presumption as to powers- of-attorney. Presumption as to electronic agreements. Presumption as to electronic records and electronic signatures.
What changedAI-inferred
Presumption as to electronic records and electronic signatures.
Old position
IEA 85B is concerned with Presumption as to electronic records and electronic signatures. Presumption as to electronic records and 5[electronic signatures]
New position
BSA 88 preserves the framework with drafting modernisations as required by the new code. Topic: The Court may presume that any document purporting to be a certified.. The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any
BSA 88 (The Court may presume that any document purporting to be a certified.) preserves the framework of IEA 85B. BSA 88 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 88 text: The Court may...
Editorial deltaAI-indicated (source-linked)
BSA-86 reproduces the operative content of IEA-85B (Presumption as to electronic records and electronic signatures) with text-overlap 0.77 on the supplied bare-act extracts. The original PRS-chart-based pairing (BSA-88) appears to have been a parsing artifact: text-comparison shows that destination has a different topic. The corrected pairing reflects the actual section-content correspondence. Cross-references may need to be remapped per locked doctrine #11.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 85B continues to apply. For matters from that date forward, BSA 88 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 88 (The Court may presume that any document purporting to be a certified.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §85B → BSA §86 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/86.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.