Bharatiya Sakshya Adhiniyam, 2023
Section 87
Presumption as to Electronic Signature Certificates
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.
Why this exists
As digital signatures and electronic transactions became common, laws needed a way to make electronic certificates as trustworthy in court as physical documents like signed papers or seals. This provision, carried forward from the earlier Indian Evidence Act framework (via the Information Technology Act's evidentiary provisions) and now placed in the Bharatiya Sakshya Adhiniyam, 2023, saves courts from re-verifying every technical detail of a certificate each time, while still protecting against unchecked claims by not extending that trust to unverified subscriber information.
Common misconceptions
- Myth: Once you accept an Electronic Signature Certificate, everything in it is automatically 100% legally true no matter what.
Fact: The presumption can be challenged and disproved with evidence; also, unverified subscriber information is excluded from this automatic trust. - Myth: This provision applies to any digital document.
Fact: It specifically applies to Electronic Signature Certificates that have been accepted by the subscriber, not to all electronic records.