CHAPTER V.––OF DOCUMENTARY EVIDENCE · PRESUMPTIONS AS TO DOCUMENTS

Section 88A: Presumption as to electronic messages

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

¹[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).]

Footnotes in the official text

1.Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).

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

88A. Presumption as to electronic messages.

BSA 90

Questions on this section

2 questions in 13 of our papers cite Section 88A. Try these from the free papers:

1. Match List I (presumption) with List II (section of the BSA): List I A. Presumption as to documents thirty years old B. Presumption as to electronic records five years old C. Presumption as to electronic messages D. Presumption as to powers-of-attorney List II 1. Section 84 2. Section 90 3. Section 92 4. Section 93
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:

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