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Bharatiya Sakshya Adhiniyam, 2023 — Section 87: Presumption as to Electronic Signature Certificates

§ SECTION 87 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Presumption as to Electronic Signature Certificates

The certificate behind a digital signature is trusted — with one carve-out. The Court shall presume the information in an Electronic Signature Certificate is correct, except unverified subscriber information, if the subscriber accepted the certificate.

How to read Section 87

Trusted — but not the parts nobody checked.

The presumption

The certificate’s information is presumed correct.

The carve-out

Unverified subscriber information — not presumed.

The trigger

Only if the subscriber accepted the certificate.

The bare Act

The section in its own words — colour-keyed by what each phrase does.

Section 87 · verbatim

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.

In short: a digital signature is only as trustworthy as the certificate that vouches for it. Section 87 gives that certificate a presumption: the Court shall presume (unless the contrary is proved) that the information listed in an Electronic Signature Certificate is correct. Two boundaries keep it honest. First, the presumption does not reach details flagged as subscriber information that has not been verified — the issuer takes no responsibility for self-declared, unchecked data. Second, the presumption arises only where the certificate was accepted by the subscriber — acceptance is what binds the subscriber to its contents. As a ‘shall presume’, it remains rebuttable.

→ This carries forward IEA 1872 § 85C — presumption as to electronic signature certificates.

Glossary

Electronic Signature Certificate

A certificate (from a Certifying Authority) that vouches for a signature key.

subscriber

The person in whose name the certificate / signature is issued.

accepted by the subscriber

The subscriber’s acceptance — the trigger for the presumption.

subscriber information

Details supplied by the subscriber — may be flagged not verified.

not verified

Not checked by the issuer — outside the presumption.

shall presume

Mandatory but rebuttable (“unless contrary is proved”).

The picture

Trust the checked details — not the unchecked ones.

an ESCaccepted bythe subscriberCourt shallinfo presumed CORRECTEXCEPT unverified subscriber inforebuttableunless contrary provedit presumes the certificate’s info — not whose signature is on a disputed document (§ 73)

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

the ruleAn accepted certificate’s details are trusted

In one lineThe Court shall presume (unless disproved) that the information in an Electronic Signature Certificate is correctexcept unverified subscriber-supplied details — if the certificate was accepted by the subscriber.
1An ElectronicSignature Certificate(from a CA)2Accepted by thesubscriber(binds him to it)3Court presumes itsinfo CORRECT (exceptunverified details)a certificate the subscriber accepted is presumed correct — but not for details it never verified
The Court shall presume, unless contrary is proved,SHALL presume (unless disproved)the Court shall presume (unless the contrary is proved)…
that the information listed in an Electronic Signature Certificate is correct,the info in the ESC is CORRECT…that the information in an Electronic Signature Certificate is correct
except for information specified as subscriber information which has not been verified,EXCEPT unverified subscriber infoexcept details marked as subscriber information that was not verified
if the certificate was accepted by the subscriber.IF the subscriber ACCEPTED itif the certificate was accepted by the subscriber.
ExampleA digital-signature certificate accepted by the subscriber is presumed to state correct details (public key, validity, and the like); but a self-declared address marked “not verified” carries no such presumption.
✗ Not thisTwo limits: the certificate must have been accepted by the subscriber, and the presumption does not extend to subscriber information the issuer marked as unverified.

how it worksVerified vs unverified — and the acceptance trigger

In one lineThe certificate’s verified details are presumed correct; its unverified subscriber details are not; and the whole presumption depends on the subscriber having accepted it.
VERIFIED certificate infopublic key, validity, issuer…→ presumed CORRECTUNVERIFIED subscriber infoself-declared, not checked→ NO presumptionVerified certificate information is presumed correct; unverified subscriber information is not — and only where the subscriber accepted the certificate.
the certificate’s info is trustedpresumed correctthe details listed in the Electronic Signature Certificate are presumed correct.
except unverified subscriber infothe carve-outdetails the issuer marked as subscriber information & not verified are not presumed correct.
only if acceptedacceptance is the triggerthe presumption arises only where the subscriber accepted the certificate.
ExampleRelying on a party’s digital signature, you produce the Electronic Signature Certificate he accepted. Its public key and validity are presumed correct; a self-stated occupation flagged unverified is not.
✗ Not thisThis presumes the certificate’s information — it does not by itself prove whose signature is on a disputed document; that turns on § 73 (verification) and § 66.

Connected provisions

§ 73

Verify digital signature

Uses the certificate’s public key — § 87 presumes its info correct.

§ 66

Proof as to e-signature

When a subscriber’s e-signature must be proved.

§ 86

Secure records & signatures

The neighbouring electronic presumption.

§ 88 · next

Foreign judicial records

The presumptions run continues.