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.
CHAPTER V.––OF DOCUMENTARY EVIDENCE · PRESUMPTIONS AS TO DOCUMENTS
Section 88: Presumption as to telegraphic messages
The Indian Evidence Act, 1872 (repealed)
Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.
Now in the BSA
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
| 88. Presumption as to telegraphic messages. | Not carried into the new law |
Questions on this section
1 question in 6 of our papers cite Section 88. 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.