IEA 88A to BSA 90: Presumption as to electronic messages
Section 88A IEA (1872) replaced by Section 90 BSA (2023)
IEA 88A to BSA 90 at a Glance
Section 88A IEA (Presumption as to electronic messages) is now Section 90 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 88A to BSA 90?
Section 88A of the Indian Evidence Act, 1872 became Section 90 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The Explanation pointing to the Information Technology Act, 2000 for "addressee" and "originator" was dropped. Section 2(2) now gives those terms their meaning under that Act.
IEA 88A vs BSA 90: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 88A | 90 |
| Heading | Presumption as to electronic messages | Same |
IEA 88A and BSA 90: Bare Act Text Side by Side
Section 88A, IEA 1872
Section 90, BSA 2023
When It Applies: IEA 88A vs BSA 90
- Applies to the court when deciding whether to treat the content of a received electronic message as accurate.
- Applies when an originator forwards the electronic message using an electronic mail server to the person to whom it purports to be addressed.
- Lets the court presume that the delivered message matches what was entered into the computer for transmission.
- Applies the meanings of addressee and originator from Section 2(1)(b) and Section 2(1)(za) under the Information Technology Act, 2000.
- Applies to the court when deciding whether to treat the content of a received electronic message as accurate.
- Applies when an originator forwards the electronic message using an electronic mail server to the person to whom it purports to be addressed.
- Lets the court presume that the delivered message matches what was entered into the computer for transmission.
What IEA 88A to BSA 90 Means in Practice
FAQs: IEA 88A to BSA 90
Did the removal of the Explanation in Section 90 BSA change the meanings of addressee and originator?▼
No. Although the Explanation in Section 88A IEA was dropped, Section 2(2) BSA still gives the terms addressee and originator their meanings under the Information Technology Act, 2000.
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 ·