Which provision provides that electronic signature affixed in a manner prescribed by law shall be presumed genuine unless proved otherwise?  

Solution

Section 85C of the Bharatiya Sakshya Adhiniyam, 2023 provides for the presumption regarding electronic signatures. When a secure electronic signature is affixed to an electronic record in a manner prescribed by law, the Court shall presume that it was affixed by the person whose signature it purports to be. This legal presumption simplifies the authentication of digital documents and promotes digital trust and efficiency. However, it is a rebuttable presumption, and the opposing party can challenge it with credible evidence. For this presumption to apply, the digital signature must comply with the standards set under the Information Technology Act, including certification by a licensed Certifying Authority. Section 85C supports the use of e-governance, e-contracts, and paperless court processes by reducing evidentiary burdens. It is vital in legal proceedings where authenticity of emails, agreements, invoices, or filings is contested, allowing faster resolution while maintaining necessary safeguards against forgery or digital fraud.