Section 85 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 85 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA 2023):
🧾 Section 85: Presumption as to Electronic Agreements
Text of Section 85:
"The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties."(aaptaxlaw.com)
🔍 Understanding Section 85
Key Principle:
Section 85 establishes a legal presumption regarding the authenticity of electronic agreements. It stipulates that if an electronic record appears to be an agreement and contains the electronic or digital signatures of the parties involved, the court shall presume that the agreement was validly executed by affixing those signatures.
Detailed Breakdown:
Electronic Record: Refers to any data, record, or information generated, received, or stored in an electronic form.
Agreement: A mutual understanding between parties, which can be in the form of contracts, terms and conditions, or any other form of consent.
Electronic or Digital Signature: A method of authenticating the identity of the signatory and ensuring the integrity of the electronic record.
Implications:
Validity of Electronic Agreements: This section reinforces the legal standing of electronic agreements, ensuring they are treated with the same authenticity as traditional paper-based agreements.
Burden of Proof: If a party challenges the authenticity of an electronic agreement, the onus is on them to prove that the electronic or digital signature was not affixed by the concerned party.(aaptaxlaw.com)
Facilitates Digital Transactions: Encourages the use of electronic agreements in various sectors, promoting efficiency and reducing the reliance on physical documentation.
⚖️ Importance of Section 85
Legal Recognition: Provides legal recognition to electronic agreements, ensuring they are enforceable in a court of law.
Promotes Digital Economy: Supports the growth of the digital economy by validating electronic transactions and agreements.
Reduces Disputes: By presuming the authenticity of electronic agreements, it minimizes disputes related to the validity of such agreements.(aaptaxlaw.com)
📌 Example to Illustrate
Scenario: A company, TechSolutions Pvt. Ltd., enters into a service agreement with a client, Digital Innovations, through an online platform. Both parties affix their digital signatures to the agreement.
Application of Section 85:
Presumption of Validity: In case of a dispute, the court will presume that the service agreement was validly executed by both parties, based on the presence of their digital signatures.
Burden on Challenging Party: If Digital Innovations challenges the authenticity of the agreement, they would need to provide evidence that the digital signature was not affixed by them.
🧭 Summary
Purpose: To provide legal recognition and presumption of validity to electronic agreements containing digital signatures.(vidhiadda.com)
Application: Ensures that electronic agreements are treated with the same authenticity as traditional agreements.
Objective: To facilitate the growth of the digital economy by supporting the use of electronic agreements in various sectors.
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