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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Electronic Signature Certificates (ESC) [Section 87]
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the presumption relating to Electronic Signature Certificates (ESCs). This provision operates in conjunction with the framework laid down under the Information Technology Act, 2000, as amended in 2008, which regulates the issuance and use of electronic and digital signatures.
Statutory Basis and Meaning
Electronic Signature Certificates are issued by a Certifying Authority (CA) to a subscriber after following a prescribed statutory procedure. These certificates contain specific information relating to the identity of the subscriber and the electronic signature.
Section 87 provides that:
Extent of the Presumption
The presumption under this section applies only to information that has been verified in accordance with the procedure prescribed under the Information Technology Act and the relevant rules.
Importantly:
Nature of Presumption
Purpose and Significance
The object of Section 87 is to promote certainty, reliability, and trust in electronic transactions. Since electronic signatures play a crucial role in modern digital communication and e-governance, this presumption reduces the evidentiary burden on parties relying on Electronic Signature Certificates and facilitates smoother adjudication of disputes involving electronic records.
Conclusion
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 recognises the legal sanctity of Electronic Signature Certificates by mandating a presumption of correctness of verified information contained therein, subject to rebuttal. At the same time, it carefully excludes unverified subscriber information from such presumption, thereby maintaining a balance between technological convenience and evidentiary caution.
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the presumption relating to Electronic Signature Certificates (ESCs). This provision operates in conjunction with the framework laid down under the Information Technology Act, 2000, as amended in 2008, which regulates the issuance and use of electronic and digital signatures.
Statutory Basis and Meaning
Electronic Signature Certificates are issued by a Certifying Authority (CA) to a subscriber after following a prescribed statutory procedure. These certificates contain specific information relating to the identity of the subscriber and the electronic signature.
Section 87 provides that:
- Unless the contrary is proved, the Court shall presume that the information contained in an Electronic Signature Certificate is correct,
- Provided that the certificate has been accepted by the subscriber.
Extent of the Presumption
The presumption under this section applies only to information that has been verified in accordance with the procedure prescribed under the Information Technology Act and the relevant rules.
Importantly:
- No presumption is made with respect to any information mentioned in the certificate that is identified as subscriber information which has not been verified.
- Such unverified details must be independently proved by the party relying upon them.
Nature of Presumption
- The presumption under Section 87 is a rebuttable presumption of law.
- The opposing party is entitled to disprove the correctness of the information contained in the Electronic Signature Certificate by leading contrary evidence.
- Until such rebuttal is successfully made, the Court is bound to presume the correctness of verified particulars in the certificate.
Purpose and Significance
The object of Section 87 is to promote certainty, reliability, and trust in electronic transactions. Since electronic signatures play a crucial role in modern digital communication and e-governance, this presumption reduces the evidentiary burden on parties relying on Electronic Signature Certificates and facilitates smoother adjudication of disputes involving electronic records.
Conclusion
Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 recognises the legal sanctity of Electronic Signature Certificates by mandating a presumption of correctness of verified information contained therein, subject to rebuttal. At the same time, it carefully excludes unverified subscriber information from such presumption, thereby maintaining a balance between technological convenience and evidentiary caution.
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