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Section 86 BSA to Section 91 BSA | Section 87 BSA | Section 88 BSA | Section 89 BSA | Section 90 BSA

Section 86 BSA | Bharatiya Sakshya Adhiniyam, 2023


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.


Section 87 BSA | Bharatiya Sakshya Adhiniyam, 2023


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.


Section 88 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to certified copies of foreign judicial records.


(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.


(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897, shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.


Section 89 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to books, maps and charts.


The Court may presume that any book to have which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published.


Section 90 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to electronic messages.


The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.


Section 91 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to due execution, etc., of documents not produced.


The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.

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