BSA Section 85 — Presumption as to electronic agreements

Summary

The Court must assume that every electronic record which appears to be an agreement, and which contains the electronic or digital signature of the parties, was actually concluded by those parties affixing their electronic or digital signatures. In other words, the law directs the Court to take the signed electronic record at face value as a genuine agreement made by the signatories.

Official Text

The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.

Related Judgments

• MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. vs COMPETITION COMMISSION OF INDIA AND ANR — Delhi High Court (2019)
• Jagatsingh Gurow. vs Indian Hotels Company Ltd — Bombay High Court (Mumbai Principal Seat) (2011)
• APARNA AJINKYA FIRODIA vs AJINKYA ARUN FIRODIA — Supreme Court of India (2023)

Old <-> New Code Mapping

• IEA §85A — Presumption as to electronic agreements