Indian Evidence Act
(IEA)
Presumption as to powers-of-attorney.
Chapter 5: Of Documentary Evidence
Section: 85
The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, [Indian] [Substituted by A.O. 1950, for "British".] Consul or Vice-Consul, or representative [* * *] [The words "of Her Majesty, or" repealed by A.O. 1950.] of the [Central Government] [Substituted by A.O. 1937, for "Government of India".], was so executed and authenticated.85-A. Presumption as to electronic agreements.[Inserted by Act 21 of 2000, Section 92 and Sch.II (w.e.f. 17.10.2000) .]The Court shall presume that every electronic record purporting to be an agreement containing the [electronic signatures] of the parties was so concluded by affixing the [electronic signature] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (e) for "digital signature"] of the parties.85-B. Presumptions as to electronic records and [electronic Signatures] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (f) for "digital signature"] (1) In any proceedings 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 proceedings, involving secure [electronic signatures] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (f) for "digital signature"] the Court shall presume unless the contrary is proved that - (a) the secure [electronic signature] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (f) for "digital signature"] is affixed by subscriber with the intention of signing or approving the electronic record; (b) except in the case of a secure electronic record or a secure [electronic signature] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (f) for "digital signature"], nothing in this section shall create any presumption relating to authenticity and integrity of the electronic record or any [electronic signature] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (f) for "digital signature"]. 85 C. Presumption as to electronic signature certificates.[Electronic Signature Certificates] [Substituted by the Inserted by Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (g) for "Digital signature Certificate"] - The Court shall presume, unless contrary is proved, that the information listed in a [electronic signature Certificate] [Substituted by the Information Technology (Amendment) Act, 2008 (10 of 2009) , Section 52 (g) , for "Digital Singnature Certificate".] is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber].
