Indian Evidence Act, 1872 · Section 88A

IEA 88A in BSA: Section 90

Section 88A of the Indian Evidence Act, 1872 corresponds to Section 90 of the Bharatiya Sakshya Adhiniyam, 2023. IEA 88A deals with presumption as to electronic messages. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024, replacing the IEA. Both texts are set out below, side by side, with the changed words marked.

Indian Evidence Act

IEA 88A is now BSA 90.

Presumption as to electronic messages

Carried over
59% of the old wording kept
Old · IEA 1872 · Ch. V
s. 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 ted 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 "addressec" and "originator" shall have thesame meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of Section 2 of the Information Technology Act, 2000.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. V
s. 90
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.
Text from India Code

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