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Section 86 - Presumption as to electronic records and electronic signatures | The Bharatiya Sakshya Adhiniyam, 2023 vs Indian Evidence Act, 1872 | LawFinder

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The Bharatiya Sakshya Adhiniyam, 2023 Section 86Indian Evidence Act, 1872 Section 85

The Bharatiya Sakshya Adhiniyam, 2023

Section 86

Presumption as to electronic records and electronic signatures

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The Bharatiya Sakshya Adhiniyam, 2023

86. Presumption as to electronic records and electronic signatures.

(1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.

(2) In any proceeding, involving secure electronic signature, the Court shall presume unless the contrary is proved that-

(a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record;

(b) except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.

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Indian Evidence Act, 1872

Section 85

Presumption as to powers-of-attorney

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Indian Evidence Act, 1872

85. Presumption as to powers-of-attorney

The Court shall presume that every document purporting to be a power-of- attorney, and to have been executed before, and authenticated by, a notary public, or any Court, Judge, Magistrate, 62[Indian] Consul or Vice- Consul, or representative 63[***] of the 64[Central Government], was so executed and authenticated.

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