Evidence Act · Chapter V · Of documentary evidence
Evidence Act section 88, “Presumption as to telegraphic messages”, was not carried into the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Evidence Act on 1 July 2024.
Not carried into the BSA, which has no presumption about telegraphic messages. Electronic messages are covered by BSA section 90 (formerly IEA 88A).
Indian Evidence Act, 1872
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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
