IEA Section 85A — Presumption as to electronic agreements

Summary

The court will assume that an electronic record that looks like an agreement and has the digital signatures of the people involved was actually signed by them using their digital signatures. This means the court treats the document as validly signed unless there is evidence to the contrary.

Official Text

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

Related Judgments

• MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. vs COMPETITION COMMISSION OF INDIA AND ANR — Delhi High Court (2019)
• PANDURANG RAMCHANDRA MANDLIK (SINCE DEAD) BY HIS LRS. AND ANR. vs SMT. SHANTABAI RAMCHANDRA GHATGE AND ORS — Supreme Court of India (1989)
• DISTRIBUTORS (BARODA) PVT. LTD. vs UNION OF INDIA AND TWO ORS — Supreme Court of India (1985)

Old <-> New Code Mapping

• BSA §85 — Presumption as to electronic agreements