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.
PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE · Presumptions as to documents
Section 90: Presumption as to electronic messages
The Bharatiya Sakshya Adhiniyam, 2023
Corresponding Evidence Act provision
As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table
Questions on this section
2 questions in 14 of our papers cite Section 90. Try these from the free papers:
1. Which of the following provisions of the Indian Evidence Act, 1872 have NO corresponding provision in the BSA? 1. Section 88 (presumption as to telegraphic messages) 2. Section 113 (proof of cession of territory) 3. Section 166 (power of jury or assessors to put questions) 4. Section 114A (presumption as to absence of consent in certain prosecutions for rape) Select the correct answer using the codes below.
2. Under Section 90 of the BSA, in respect of an electronic message forwarded by the originator through an electronic mail server to the addressee, the Court: