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IT Act 2000AMENDED 2008

Section 85C

Presumption as to Electronic Signature Certificates

THE STATUTE

Original Text

In any proceedings, 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.

Simplified

Section 85C completes the trilogy of evidentiary presumptions in Sections 85A–85C by creating a presumption as to the accuracy of Electronic Signature Certificate contents. When a certificate has been accepted by the subscriber, the court presumes that all information listed in it is correct — the subscriber's name, the linked public key, the issuing CA's identity, and the validity period are all presumed accurate unless the challenger proves otherwise. The critical carve-out is 'subscriber information which has not been verified' — if the Certifying Authority's CPS states that certain subscriber information (e.g., job title, organisation name) was self-declared rather than independently verified, that information does not benefit from the Section 85C presumption. This distinction between verified and unverified certificate contents is technically precise: Class 3 certificates with enhanced identity verification attract the full presumption; self-declared information does not. Together, Sections 85A, 85B, and 85C create an interlocking evidentiary framework: the certificate contents are presumed accurate (85C); the secure signature based on that certificate is presumed to belong to the subscriber (85B); and the document signed is presumed unaltered since signing (85A). This framework substantially reduces the evidentiary burden in e-commerce and digital contract disputes.

Legal Evolution

Section 85C was inserted by the 2008 Amendment as part of the same package as Sections 85A and 85B. The three provisions collectively respond to practical problems in litigating electronic evidence in Indian courts — where opposing parties routinely challenged every aspect of digital documents, requiring expensive expert testimony.

Key Amendments

Inserted by IT (Amendment) Act 2008.

The verified/unverified information distinction aligns with CA/Browser Forum certificate content standards.