Evidence Act · Chapter V · Of documentary evidence

Evidence Act section 88A in the BSA

Evidence Act 88ABSA 90

Evidence Act section 88A, “Presumption as to electronic messages”, is now BSA section 90 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

What changed

From Evidence Act 88A to BSA 90

Now BSA section 90, with the same presumption; the Explanation borrowing the IT Act’s definitions of “addressee” and “originator” is dropped.

The official text

Old and new, side by side

Indian Evidence Act, 1872

Section 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 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).

Bharatiya Sakshya Adhiniyam, 2023

Section 90 Presumption as to electronic messages

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amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed.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.

Old law or new?

Which one applies to a case

The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)).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)).