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BSA, 2023
Start Practicing
BSAChapter VSection 87
Section87

Presumption as to Electronic Signature Certificates

AI Assist

Summary

When a subscriber accepts an Electronic Signature Certificate, the court will presume the details recorded in that certificate are correct unless someone proves otherwise. The presumption does not apply to any subscriber information that has not been verified by the certifying authority.

Example

Priya accepts an Electronic Signature Certificate for her online shop. The certificate lists her email and shop address, but the certifying authority verified only the email and did not verify the address. If the certificate is disputed in court, the court will presume the verified details correct but will not presume the unverified address.

Bare Act

Enacted text

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.

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V

Chapter V

Of Documentary Evidence

In this chapter

  • 56Proof of contents of documents
  • 57Primary Evidence
  • 58Secondary Evidence
  • 59Proof of documents by primary evidence
  • 60Cases in which secondary evidence relating to documents may be given
  • 61Electronic or digital record
  • 62Special provisions as to evidence relating to electronic record
  • 63Admissibility of electronic records
  • 64Rules as to notice to produce
  • 65Proof of signature and handwriting of person alleged to have signed or written document produced
  • 66Proof as to Electronic signature
  • 67Proof of execution of document required by law to be attested
  • 68Proof where no attesting witness found
  • 69Admission of execution by party to attested document
  • 70Proof when Attesting witness denies execution
  • 71Proof of document not required by law to be attested
  • 72Comparison of signature, writing or seal with others admitted or proved
  • 73Proof as to verification of digital signature
  • 74Public and private documents
  • 75Certified copies of public documents
  • 76Proof of documents by production of certified copies
  • 77Proof of other official documents
  • 78Presumption as to genuineness of certified copies
  • 79Presumption as to documents produced as record of evidence, etc
  • 80Presumption as to Gazettes, newspapers, and other documents
  • 81Presumption as to Gazettes in electronic or digital record
  • 82Presumption as to maps or plans made by authority of Government
  • 83Presumption as to collections of laws and reports of decisions
  • 84Presumption as to powersof-attorney
  • 85Presumption as to electronic agreements
  • 86Presumption as to electronic records and electronic signatures
  • 87Presumption as to Electronic Signature Certificates
  • 88Presumption as to certified copies of foreign judicial records
  • 89Presumption as to books, maps and charts
  • 90Presumption as to electronic messages
  • 91Presumption as to due execution, etc., of documents not produced
  • 92Presumption as to documents thirty years old
  • 93Presumption as to electronic records five years old
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