IEA 88A→BSA 90

IEA 88A to BSA 90: Presumption as to electronic messages

Section 88A IEA (1872) replaced by Section 90 BSA (2023)

View IEA Section 88A →View BSA Section 90 →

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

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section88A90
HeadingPresumption as to electronic messagesSame

IEA 88A and BSA 90: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 88A, IEA 1872

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).
BSA 2023 (in force)

Section 90, BSA 2023

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.

When It Applies: IEA 88A vs BSA 90

Under IEA 88A
  1. Applies to the court when deciding whether to treat the content of a received electronic message as accurate.
  2. Applies when an originator forwards the electronic message using an electronic mail server to the person to whom it purports to be addressed.
  3. Lets the court presume that the delivered message matches what was entered into the computer for transmission.
  4. Applies the meanings of addressee and originator from Section 2(1)(b) and Section 2(1)(za) under the Information Technology Act, 2000.
Under BSA 90
  1. Applies to the court when deciding whether to treat the content of a received electronic message as accurate.
  2. Applies when an originator forwards the electronic message using an electronic mail server to the person to whom it purports to be addressed.
  3. 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

The same rule on electronic messages applies, so a court still may presume that a forwarded message matches what was entered for transmission and still cannot presume who sent it. The Explanation in Section 88A IEA that pointed to the Information Technology Act, 2000 for the meanings of addressee and originator was dropped, and Section 2(2) BSA gives those terms their meaning under that Act. For matters governed by the BSA, a person in court should cite Section 90 BSA.

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 ·