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Which one of the following Section of the Indian Evidence Act, 1872 is related with the 'Presumption as to electronic agreements'?
Question

Which one of the following Section of the Indian Evidence Act, 1872 is related with the 'Presumption as to electronic agreements'?

A.

Section 88 A

B.

Section 85C

C.

Section 81 A

D.

Section 85 A

Correct option is D


The correct answer is Section 85A of the Indian Evidence Act, 1872.
· Section 85A of the Indian Evidence Act deals with the presumption as to electronic agreements. It states that the court shall presume that every electronic record purporting to be an agreement containing the digital signature of the parties was so concluded by affixing the digital signature of the parties, provided it is certified by the Certifying Authority.
Information Booster:
· Presumption as to Electronic Agreements (Section 85A): This section was introduced to facilitate the acceptance of electronic records as valid and enforceable in the legal system. It provides that when an electronic agreement is signed with a digital signature, the court shall presume that the electronic record was affixed with the digital signature of the parties involved. This presumption makes it easier to prove the validity of electronic agreements, especially in a legal dispute.
Additional Knowledge:
1. Section 88A - Presumption as to Electronic Messages: This section deals with the presumption regarding the originator of electronic messages. It presumes that an electronic message was sent by the person whose electronic address is the source, unless the contrary is proved.
2. Section 85C - Presumption as to Digital Signature Certificates: Section 85C deals with the presumption of the validity of a digital signature certificate. The court shall presume that the information listed in the digital signature certificate is correct, as issued by the Certifying Authority, unless proven otherwise.
3. Section 81A - Presumption as to Gazettes in Electronic Form: This section provides a presumption that electronic records purporting to be the Official Gazette, or any publication that is a recognized official record, is authentic unless proven otherwise.
4. Section 85A - Presumption as to Electronic Agreements: This section specifically addresses the presumption that electronic agreements, if affixed with a valid digital signature, are considered legally valid and enforceable unless contested and proven otherwise in court.

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