Section 87 BSA: Presumption as to Electronic Signature Certificates

Section 87 BSA explains when courts presume that information in an accepted Electronic Signature Certificate is correct.

Introduction

Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the presumption as to Electronic Signature Certificates. It establishes an evidentiary presumption that information listed in an Electronic Signature Certificate is correct, subject to the statutory exception for unverified subscriber information.

The provision is relevant to disputes involving digitally signed contracts, electronic transactions, digital identity verification and the use of electronic signatures in legal proceedings. It helps courts assess the information recorded in an accepted certificate without requiring every detail to be independently proved in the first instance.

Section 87 BSA corresponds to Section 85C of the Indian Evidence Act, 1872. The wording of the provision has been carried forward substantially unchanged.

Section 87 of the Bharatiya Sakshya Adhiniyam, 2023: Bare Act

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.”

Explanation of Section 87 BSA

Section 87 establishes a rebuttable presumption concerning the information contained in an Electronic Signature Certificate. To understand its application, three elements are important:

1. The information must be listed in an Electronic Signature Certificate.
2. The certificate must have been accepted by the subscriber.
3. The presumption does not extend to subscriber information specifically identified as unverified.

1. What is an Electronic Signature Certificate?

An Electronic Signature Certificate is a certificate issued under the applicable legal framework to support electronic signature and authentication processes.

Under the Information Technology Act, 2000, the framework governing electronic signatures includes provisions relating to the issue and acceptance of certificates by Certifying Authorities. Such certificates may contain information associated with the subscriber and the electronic signature.

Depending on the certificate and the applicable statutory requirements, the information may include identifying particulars, the subscriber’s public key in the case of a digital signature certificate, and other certificate-related details.

An Electronic Signature Certificate should not be confused with the electronic document that is signed. The certificate and the signed document serve different evidentiary functions.

2. Meaning of “shall presume”

The words “shall presume” require the court to treat the relevant information as correct unless the contrary is proved, provided the statutory conditions are satisfied.

The provision therefore assists the party relying on an accepted Electronic Signature Certificate. That party need not begin by independently proving every item of information covered by the presumption.

However, the presumption is not conclusive. The opposing party may produce evidence showing that relevant information is incorrect.

3. Requirement that the certificate must have been accepted

The final words of Section 87 are important: the presumption applies if the certificate was accepted by the subscriber.

The court must therefore consider whether the statutory condition of acceptance is satisfied. The provision does not create the same presumption for every certificate merely because a copy is produced in court.

Also Read: Section 86 BSA: Presumption as to Electronic Records and Electronic Signatures

Acceptance of the certificate is a condition for the presumption under Section 87; it should not be confused with proof that every electronic transaction associated with the certificate was authorised or legally valid.

4. Exception for unverified subscriber information

Section 87 expressly excludes information specified as subscriber information that has not been verified.

This exception prevents the presumption from automatically validating subscriber particulars that were identified as unverified in the certificate.

For example, if a certificate expressly identifies a particular subscriber detail as unverified, the court cannot use Section 87 to presume that specific detail to be correct merely because the certificate was accepted.

The exception is limited to the information covered by its wording. It does not mean that all information in the certificate loses the benefit of the presumption whenever one subscriber detail remains unverified.

5. The presumption can be rebutted

Section 87 uses the words “unless contrary is proved”. The presumption can therefore be rebutted by relevant evidence.

Depending on the dispute, a party may challenge the correctness of the certificate’s information by producing appropriate documentary, technical or other admissible evidence.

The court must assess the evidence and determine whether the presumption has been rebutted. Section 87 does not make the certificate immune from challenge.

Illustration of Section 87 BSA

Suppose a business relies on an accepted Electronic Signature Certificate in a dispute concerning a digitally signed commercial agreement. The certificate contains information identifying the subscriber and other details relevant to the electronic signature.

If the statutory requirements are satisfied, the court shall presume that the information listed in the certificate is correct, unless the contrary is proved. Any subscriber information expressly specified as unverified is excluded from that presumption.

If the opposing party produces credible evidence that a particular item of information is incorrect, the court must consider that evidence rather than treating the certificate as conclusive proof.

This illustration demonstrates that Section 87 assists in proving certificate information; it does not independently establish every fact concerning the underlying agreement.

Important Legal Principles Under Section 87 BSA

The following principles help explain the scope of the provision:

• Rebuttable presumption: The court presumes the relevant information to be correct unless the contrary is proved.
• Acceptance is essential: The certificate must have been accepted by the subscriber.
• Unverified information is excluded: Subscriber information specifically identified as unverified does not receive the presumption.
• Limited evidentiary effect: The provision concerns information listed in the certificate, not the truth of every statement in a related electronic document.
• Separate questions remain: The admissibility of electronic evidence, the validity of an electronic signature and the enforceability of a contract may raise separate legal issues.

Relationship Between Section 87 BSA and the Information Technology Act, 2000

Section 87 should be read alongside the Information Technology Act, 2000, which establishes the statutory framework for electronic signatures and Electronic Signature Certificates.

The relevant provisions include:

• Section 35: Addresses the issue of Digital Signature Certificates by Certifying Authorities.
• Section 36: Sets out representations made by a Certifying Authority when issuing a Digital Signature Certificate.
• Section 37: Deals with suspension of a Digital Signature Certificate.
• Section 38: Deals with revocation of a Digital Signature Certificate.
• Section 2(1)(ta): Defines an Electronic Signature Certificate under the Act.

These provisions concern the certificate framework, while Section 87 BSA governs the evidentiary presumption applicable to information in an accepted Electronic Signature Certificate.

Also Read: Section 93 BSA: Presumption as to Electronic Records Five Years Old

The precise legal effect of a certificate must be assessed under the applicable statutory provisions and the facts of the case.

Difference Between Sections 85, 86 and 87 BSA

Sections 85, 86 and 87 deal with different evidentiary aspects of electronic transactions.

Provision	Subject	Main evidentiary effect
Section 85	Presumption as to electronic agreements	Presumes that a qualifying electronic agreement was concluded by affixing the parties’ electronic or digital signatures.
Section 86	Presumption as to electronic records and electronic signatures	Establishes specified presumptions concerning secure electronic records and secure electronic signatures.
Section 87	Presumption as to Electronic Signature Certificates	Presumes the correctness of information listed in an accepted certificate, subject to the exception for unverified subscriber information.

These provisions complement one another but are not interchangeable. Section 87 does not automatically establish that an agreement was concluded, that an electronic record is secure, or that a contract is enforceable.

Difference Between Section 87 BSA and Section 63 BSA

Section 87 and Section 63 address separate evidentiary questions.

Basis	Section 87 BSA	Section 63 BSA
Subject	Electronic Signature Certificates	Admissibility of electronic records
Primary purpose	Presumes the correctness of specified certificate information	Sets out conditions for admitting qualifying electronic records or computer outputs
Main question	Is the information in an accepted certificate presumed correct?	Does the electronic record satisfy the applicable admissibility requirements?
Scope	Information listed in an accepted Electronic Signature Certificate, subject to the statutory exception	Electronic records and computer outputs covered by the provision

A party relying on electronic evidence may need to consider both provisions, depending on the nature of the document and the issues in dispute. The presumption under Section 87 does not automatically remove other applicable requirements for proving electronic evidence.

Case Laws and Judicial Interpretation

Section 87 substantially reproduces Section 85C of the Indian Evidence Act, 1872. Decisions interpreting the predecessor provision may be relevant when applying the corresponding principle under the BSA.

However, the available research did not establish a sufficiently verified, directly on-point reported judgment interpreting Section 85C or Section 87 that would justify presenting a specific case as authoritative on this narrow presumption. It is preferable not to attach unrelated electronic-evidence judgments to Section 87 merely because they discuss digital signatures or electronic records.

For case-law research, distinguish decisions concerning the admissibility of electronic records under Section 65B of the former Evidence Act from decisions concerning the correctness of information in an accepted Electronic Signature Certificate under Section 85C. They address different legal questions.

Key Points for Law Students and Judiciary Aspirants

• Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the presumption as to Electronic Signature Certificates.
• It corresponds to Section 85C of the Indian Evidence Act, 1872.
• The court shall presume that information listed in an Electronic Signature Certificate is correct unless the contrary is proved.
• The certificate must have been accepted by the subscriber.
• Subscriber information specified as unverified is excluded from the presumption.
• The presumption is rebuttable and is not conclusive proof of every fact connected with an electronic transaction.
• Section 87 must be distinguished from Section 86, which concerns secure electronic records and secure electronic signatures.
• Section 87 does not replace the applicable rules governing the admissibility of electronic evidence.

Frequently Asked Questions (FAQs)

1. What is Section 87 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 87 provides that a court shall presume, unless the contrary is proved, that information listed in an Electronic Signature Certificate is correct, except for subscriber information specified as unverified, if the certificate was accepted by the subscriber.

2. Which section of the Indian Evidence Act corresponds to Section 87 BSA?

Section 87 BSA corresponds to Section 85C of the Indian Evidence Act, 1872.

3. Is the presumption under Section 87 conclusive?

No. It is a rebuttable presumption. The opposing party may prove that the relevant information is incorrect.

4. Does Section 87 apply to every Electronic Signature Certificate?

The statutory condition is that the certificate must have been accepted by the subscriber. The presumption is also subject to the express exception for subscriber information that has not been verified.

5. What happens to unverified subscriber information?

Information specified as subscriber information that has not been verified is excluded from the presumption of correctness under Section 87.

6. Does Section 87 prove that a digitally signed contract is valid?

No. Section 87 concerns the correctness of information listed in an accepted Electronic Signature Certificate. The conclusion of an electronic agreement, the admissibility of the electronic record and the enforceability of the contract may require consideration under other provisions.

7. What is the difference between an Electronic Signature Certificate and an electronic signature?

An electronic signature is a method of electronically authenticating an electronic record. An Electronic Signature Certificate is a certificate associated with the statutory electronic-signature framework. They serve different functions and should not be treated as the same thing.

Conclusion

Section 87 of the Bharatiya Sakshya Adhiniyam, 2023 provides a rebuttable presumption concerning information listed in an Electronic Signature Certificate accepted by the subscriber. It facilitates proof of relevant certificate information while expressly excluding subscriber information specified as unverified.

The provision does not make an Electronic Signature Certificate conclusive proof of every aspect of an electronic transaction. Its proper application requires attention to the acceptance condition, the unverified-information exception and the separate legal requirements governing electronic records, electronic signatures and contractual validity.

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