Section 85C in Indian Evidence Act
Title: Presumption as to Electronic Signature Certificates
85C. Presumption as to 1[Electronic Signature Certificates]. -- The Court shall presume, unless contrary is proved, that the information listed in a 1[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.]
1. Subs by ibid, s. 52(f) for "Digital Signature Certificate", (w.e.f. 27.10.2009).
Title: resumption as to certified copies of foreign judicial records
The Court may presume that any document purporting to be a certified copy of any judicial record of 2[3* * * any country not forming part of India or] of Her Majesty's Dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of 4* * * the 1[Central Government]5[in or for] 6[such country] to be the manner commonly in use in 7[that country ]for the certification of copies of judicial records.
8[An officer who, with respect to 9*** any territory or place not forming part of 10[India or] Her Majesty's Dominions, is a Political Agent there for, as defined in section 3, 11[clause (43)], of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the 12[Central Government ]13[ in and for the country ]comprising that territory or place.]
1. Subs. by the A.O. 1937, for Government of India.
2. Subs. by the A.O. 1950, for "any country not forming part".
3. The words "a Part B State or of" omitted by Act 3 of 1951, s. 3 and the Schedule.
4. The words "Her Majesty or of" omitted by A.O. 1950.
5. Subs. by Act 3 of 1891, s. 8, for "resident in".
6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "such Part B State or Country".
7. Subs. by s. 3 and the Schedule ibid., for "that State or Country".
8. Subs. by Act 5 of 1899, s. 4, for the para added by Act 3 of 1891, s. 3.
9. The words "a Part B State or" ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule.
10. Ins. by the A.O. 1950.
11. Subs. ibid., for "clause (40)".
12. Subs. by the A.O. 1937, for "G. of I."
13. Subs. by Act 3 of 1951, s. 3 and the Schedule., for "in and for that Part B State or country".
Title: Presumption as to books maps and charts
The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place, by whom or at which it purports to have been written or published.
Title: Presumption as to telegraphic messages
The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such message was delivered for transmission
Title: Presumption as to electronic messages
1[88A. Presumption as to electronic messages. -- The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent.
Explanation. -- For the purposes of this section, the expressions "addressee" and "originator" shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000).]
1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).