Section 85B

Section 85B creates two distinct evidential presumptions that together form the cornerstone of digital evidence law in Indian courts. The first presumption (Section 85B(1)) is about record integrity: a secure electronic record is presumed unaltered since its authentication timestamp. This means an e-contract with a valid secure digital signature is presumed to contain exactly what the parties agreed to at signing — the challenger must prove tampering occurred. The second presumption (Section 85B(2)(a)) is about intent and identity: a secure electronic signature is presumed to have been affixed by the subscriber intentionally — they meant to sign and approve the record. This defeats the common defence 'my credentials were stolen' or 'I didn't intend to sign'. However, Section 85B(2)(b) limits the scope: these presumptions apply only to secure electronic signatures (using prescribed security standards under Sections 14–16) — ordinary electronic records or non-secure signatures do not get this evidentiary uplift. Together, Sections 85A and 85B dramatically reduce the evidentiary burden of proving digital contracts and records in Indian courts.