Section 88 IEA: Presumption as to telegraphic messages
Indian Evidence Act, 1872
Section 88 IEA at a Glance
Section 88 IEA dealt with presumption as to telegraphic messages. It has no corresponding section in the BSA, which replaced the IEA from 1 July 2024.
Section 88 IEA Bare Act Text
88. Presumption as to telegraphic messages
The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such message was delivered for transmission.
Source: Section 88, Indian Evidence Act, 1872
Section 88 IEA in Simple Words
Section 88 of the Indian Evidence Act, 1872 lets a court presume (assume as true) that a delivered telegraphic message matches the message handed in for sending. At the same time, the Act stops the court from presuming who handed that message in for transmission.
Under Section 88 IEA, a telegraph office forwards a message to the person it purports (appears on its face) to address. The court may then presume that this message matches the message given for transmission at the purported sending office. Because the Act says the court may presume this, the presumption is permissive rather than mandatory.
Section 88 IEA also sets a strict limit on the court. The court cannot make any presumption about which person delivered the message for transmission at the sending office. The matching of the message text may be presumed, but the person who handed it in cannot be presumed.
When Section 88 IEA Applies
- A telegraph office forwards a message to the addressee named on the message.
- The message purports to come from an office where a message was handed in for sending.
- The court may choose to presume that the received message matches the message handed in for sending.
Example of Section 88 IEA
When Section 88 IEA Does Not Apply
- The court cannot make any presumption about which person delivered the telegraphic message for transmission at the sending office.
No Corresponding BSA Section
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.
FAQs on Section 88 IEA
What is Section 88 IEA?▼
Section 88 of the Indian Evidence Act, 1872 is the provision on presumptions about telegraphic messages. It lets a court presume that a telegraphic message forwarded to the named addressee matches the message handed in at the sending office. At the same time, it stops the court from presuming who handed that message in for sending.
Must a court always presume that a received telegraphic message matches the sent message under Section 88 IEA?▼
No. Section 88 IEA says the court may presume this match, so the presumption is permissive rather than mandatory. The court has the choice whether to make the presumption.
Can a court use Section 88 IEA to presume who sent a telegraphic message?▼
No. Section 88 IEA stops the court from making any presumption about who handed the message in for sending. The identity of the person who delivered the message at the telegraph office cannot be presumed under the Act.
What is Section 88 IEA in BSA?▼
None. The BSA has no corresponding section for Section 88 IEA. The old section allowed a court to presume that a telegraphic message forwarded to an addressee matched the message handed in at the sending office, without presuming who handed it in.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·