Section 22A IEA: When oral admission as to contents of electronic records are relevant

Indian Evidence Act, 1872

Section 22A IEA at a Glance

Section 22A IEA deals with when oral admission as to contents of electronic records are relevant. From 1 July 2024 it is replaced by Section 20 BSA.

Now BSA

Section 20 →

Section 22A IEA Bare Act Text

22A. When oral admission as to contents of electronic records are relevant

Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.

Source: Section 22A, Indian Evidence Act, 1872

Section 22A IEA in Simple Words

Section 22A of the Indian Evidence Act, 1872 stated when spoken admissions about the contents of an electronic record were relevant. Oral admissions (spoken statements acknowledging a fact) about what an electronic record contained were not relevant. A party could not rely on spoken admissions alone as relevant facts for what an electronic record said.

The Act provided an exception to this rule. Spoken admissions about what an electronic record contained became relevant when that record was produced and its genuineness (authenticity) was disputed.

If the electronic record was not produced, spoken admissions about its contents were not relevant under Section 22A IEA. The same held when the record was produced but nobody questioned its genuineness.

When Section 22A IEA Applies

  • A spoken admission was offered regarding what an electronic record contained.
  • Such a spoken admission was not relevant as a general rule.
  • The spoken admission became relevant if the electronic record was produced and its genuineness was disputed.

Example of Section 22A IEA

In 2022, Ramesh and Anita had a dispute in a court in Pune over an email contract. Ramesh claims that Anita orally admitted what the email stated, without producing the email or questioning its authenticity. Under Section 22A IEA, that spoken admission about the contents of the email was not relevant. If the email had been produced and its genuineness questioned, the spoken admission about the email contract would have been relevant.

When Section 22A IEA Does Not Apply

  • The exclusion of spoken admissions did not apply when the electronic record was produced and its genuineness was disputed.

Section 22A IEA in the BSA

Section 22A IEA is now covered under Section 20 BSA.

Section 22A of the Indian Evidence Act, 1872 became Section 20 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. This separate rule for electronic records is gone. Section 20 keeps the wording of IEA Section 22, and "document" in Section 2(1)(d) now "includes electronic and digital records", so electronic records fall under the same rule as other documents.

View detailed comparison (IEA 22A vs BSA 20) →

FAQs on Section 22A IEA

What is Section 22A IEA?▼

Section 22A of the Indian Evidence Act, 1872 was the rule on when spoken admissions about what an electronic record contained were relevant. It made such spoken admissions not relevant unless the electronic record was produced and its genuineness was disputed.

Was a spoken admission about an electronic record relevant if nobody disputed that the produced record was genuine?▼

No. Under Section 22A IEA, a spoken admission about what an electronic record contained was relevant only when the genuineness of the produced record was disputed.

What is Section 22A IEA in BSA?▼

Section 20 BSA corresponds to Section 22A IEA. The separate provision for electronic records is gone, as Section 2(1)(d) BSA includes electronic and digital records within the definition of a document. Electronic records fall under Section 20 BSA, which keeps the wording of Section 22 IEA for documents.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·