Section 90 BSA: Presumption as to electronic messages

Bharatiya Sakshya Adhiniyam, 2023

Section 90 BSA at a Glance

Section 90 BSA deals with presumption as to electronic messages. It replaced Section 88A IEA on 1 July 2024.

Was IEA

Section 88A →

Section 90 BSA Bare Act Text

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.

Source: Section 90, Bharatiya Sakshya Adhiniyam, 2023

Section 90 BSA in Simple Words

Section 90 of the Bharatiya Sakshya Adhiniyam, 2023 allows a court to presume (treat as true without initial proof, if the court chooses to) that the text of an electronic message received by an addressee matches the text entered into the computer for transmission. However, the Adhiniyam bars the court from presuming who actually sent that message.

For this permissive presumption to apply, the electronic message must be sent onward by the originator using an electronic mail server for delivery to the intended addressee. If the message purports to be addressed to that recipient, the court can treat the delivered text as matching what was entered into the computer for transmission.

At the same time, Section 90 BSA separates the content of the message from the identity of the sender. Even if the court accepts that the text delivered matches the text entered for transmission, the court cannot presume who sent the electronic message. A party who wants to prove who sent the message must bring separate evidence.

When Section 90 BSA Applies

  • 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.

Example of Section 90 BSA

In 2025, Farhan produces an email in a Bhopal court that purports to be sent from the account of Priya to the email address of the recipient. Under Section 90 BSA, the court can presume that the message delivered via the electronic mail server matches the text entered into the computer for transmission. However, the court cannot presume under that rule that Priya is the person who actually sent the email. Farhan therefore has to bring separate evidence in the Bhopal court to prove who sent the email that was produced.

When Section 90 BSA Does Not Apply

  • Does not allow the court to presume who sent the electronic message.

Section 90 BSA in the IEA (Previous Law)

Section 90 BSA replaces Section 88A IEA from the old criminal code.

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.

FAQs on Section 90 BSA

What is Section 90 BSA?▼

Section 90 of the Bharatiya Sakshya Adhiniyam, 2023 allows a court to presume that the content of an electronic message sent via an electronic mail server to its purported addressee matches the text entered into the computer for transmission. The rule also forbids the court from presuming who sent the message.

Must a court presume that the content of an electronic message is accurate under Section 90 BSA?▼

No. The Adhiniyam says that the court may presume the content matches what was entered for transmission, which means the presumption is optional for the court.

Can a court presume who sent an electronic message under Section 90 BSA?▼

No. Section 90 BSA expressly forbids the court from making any presumption about the person who sent the message.

What is Section 90 BSA in IEA?▼

Section 88A IEA. The rule on presuming message content and not presuming the sender is unchanged, while the Explanation pointing to the Information Technology Act, 2000 for the terms addressee and originator was omitted, and Section 2(2) BSA gives those terms their meaning under that Act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·