Section 87 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) addresses the presumption regarding Electronic Signature Certificates.
📜 Text of Section 87
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.
🧠 Explanation
Section 87 establishes a legal presumption in favor of the accuracy of information contained in an Electronic Signature Certificate. This presumption holds unless evidence is presented to the contrary. However, this presumption does not apply to subscriber information that has not been verified.
⚖️ Practical Implications
Legal Validity of Electronic Documents: This section reinforces the legal standing of electronic documents by presuming the correctness of information in Electronic Signature Certificates.
Burden of Proof: The onus is on the party challenging the authenticity of the information to provide evidence disproving the presumption.
Verification of Subscriber Information: The presumption does not extend to subscriber information that has not undergone verification, highlighting the importance of proper verification processes.
🧾 Illustration
Rajesh enters into a contract with Suresh, signing it electronically using an Electronic Signature Certificate issued by a recognized certifying authority. Later, Suresh disputes the contract, claiming the electronic signature is not valid. According to Section 87, the court will presume the information in the Electronic Signature Certificate is correct unless Suresh can provide evidence to the contrary.
Summary:
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023, provides a legal presumption regarding the accuracy of information in Electronic Signature Certificates, thereby supporting the validity of electronic documents in legal proceedings.
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