IEA 88: Presumption as to telegraphic messages, No Corresponding BSA Section
The Bharatiya Sakshya Adhiniyam, 2023 has no section corresponding to Section 88 IEA.
What Happened to IEA 88?
Section 88 of the Indian Evidence Act, 1872 was not carried into the BSA. It dealt with telegraphic messages, and there is no counterpart. Electronic messages are covered by Section 90 of the BSA.
IEA 88 Has No Corresponding BSA Section
The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 from 1 July 2024. The official comparison tables list no section of the Adhiniyam for Section 88 IEA (Presumption as to telegraphic messages).
What IEA 88 Means in Practice
FAQs: IEA 88
Was the presumption for telegraphic messages in Section 88 IEA carried into the BSA?▼
No. Section 88 IEA was not carried into the BSA, and the BSA has no corresponding section for telegraphic messages. The old section allowed a court to presume that a forwarded telegraphic message matched the message handed in at the sending office, without presuming who handed it in.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·