Presumption as to electronic records and electronic signatures
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Summary
In proceedings about a secure electronic record, the court will presume, unless proved otherwise, that the record has not been altered since the secure time it relates to. In proceedings about a secure electronic signature, the court will presume, unless disproved, that the subscriber affixed it intending to sign or approve. No presumption is created for non-secure electronic records or signatures.
Example
Priya, a freelance designer, sends a timestamped contract stored as a secure electronic record with her secure electronic signature. Later the client says the file was altered and that Priya did not sign it. The court will presume the file was not altered since the secure time and that Priya affixed the signature intending to sign, unless evidence proves otherwise.
Bare Act
Enacted text(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-
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(a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record;
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(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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