​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Electronic Agreements [Section 85]

Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the rule regarding the presumption relating to electronic agreements. This provision operates in harmony with the Information Technology Act, 2000, as amended in 2008, which accords legal recognition to electronic records, electronic signatures, digital signatures, and electronic contracts.

Legal Basis of Electronic Agreements
With the advancement of digital transactions, agreements are frequently executed in electronic form. The Information Technology Act, 2000 validates such electronic records and signatures, thereby enabling contracts to be formed without physical documentation. Section 85 of the Bharatiya Sakshya Adhiniyam supplements this framework by prescribing an evidentiary presumption in favour of such electronic agreements.

Statutory Presumption under Section 85
Section 85 provides that:

• The Court shall presume that every electronic record purporting to be an agreement, and
• Containing the electronic signature or digital signature of the parties,
• Was concluded by affixing such electronic or digital signatures by the parties concerned.

This means that once an electronic agreement bearing the electronic or digital signatures of the parties is produced before the Court, the law presumes that the agreement was validly executed through those signatures.

Nature of the Presumption

• The presumption under Section 85 is a rebuttable presumption of law.
• The opposing party is entitled to challenge the validity of the agreement by proving that the signatures were not affixed voluntarily, were forged, or that the agreement was otherwise invalid.
• Until such contrary evidence is produced, the Court will presume the genuineness and proper execution of the electronic agreement.

Scope and Significance

• This presumption simplifies the proof of electronic contracts by relieving the party relying on the agreement from the burden of proving execution in the first instance.
• It promotes certainty, reliability, and efficiency in electronic commerce and digital transactions.
• The provision reflects the legislative intent to place electronic agreements on par with traditional written agreements for evidentiary purposes.

Conclusion
Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 strengthens the legal framework governing digital transactions by recognising and presuming the validity of electronic agreements bearing electronic or digital signatures. By doing so, it facilitates the smooth enforcement of e-contracts while preserving the right of parties to rebut the presumption through appropriate evidence.