Section 88A IEA: Presumption as to electronic messages

Indian Evidence Act, 1872

Section 88A IEA at a Glance

Section 88A IEA deals with presumption as to electronic messages. From 1 July 2024 it is replaced by Section 90 BSA.

Now BSA

Section 90 →

Section 88A IEA Bare Act Text

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).

Source: Section 88A, Indian Evidence Act, 1872

Section 88A IEA in Simple Words

Section 88A of the Indian Evidence Act, 1872 allowed a court to presume (treat as true without initial proof, if the court chose to) that the text of an electronic message received by an addressee matched the text entered into the computer for transmission. However, the Act barred the court from presuming who actually sent that message.

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

At the same time, Section 88A IEA separated the content of the message from the identity of the sender. The court could not assume who sent the message merely from the message itself. An Explanation in Section 88A IEA stated that the terms addressee and originator carried the meanings given by Section 2(1)(b) and Section 2(1)(za) under the Information Technology Act, 2000.

When Section 88A IEA 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.
  • Applies the meanings of addressee and originator from Section 2(1)(b) and Section 2(1)(za) under the Information Technology Act, 2000.

Example of Section 88A IEA

In 2021, Anita produced an email in a Kochi court that purported to be sent from the account of Ramesh to the email address of the recipient. Under Section 88A IEA, the court could presume that the message delivered via the electronic mail server matched the text entered into the computer for transmission. However, the court could not presume under that rule that Ramesh was the person who actually sent the email. Anita therefore had to bring separate evidence in the Kochi court to prove who sent the email that was produced.

When Section 88A IEA Does Not Apply

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

Section 88A IEA in the BSA

Section 88A IEA is now covered under Section 90 BSA.

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.

View detailed comparison (IEA 88A vs BSA 90) →

FAQs on Section 88A IEA

What is Section 88A IEA?▼

Section 88A of the Indian Evidence Act, 1872 allowed a court to presume that the content of an electronic message sent via an electronic mail server to its purported addressee matched the text entered into the computer for transmission. The rule also forbade the court from presuming who sent the message.

Was the court required to presume that the content of an electronic message was accurate under Section 88A IEA?▼

No. The Act stated that the court may presume the content matched what was entered for transmission, leaving the choice to the court.

Could a court use Section 88A IEA to presume who sent an email?▼

No. Section 88A IEA expressly barred the court from making any presumption about the person who sent the electronic message.

Did Section 88A IEA require the message to be sent via an electronic mail server?▼

Yes. The presumption under Section 88A IEA applied to an electronic message sent onward by the originator using an electronic mail server to the purported addressee.

What is Section 88A IEA in BSA?▼

Section 90 BSA. The rule on electronic messages is the same, while the Explanation pointing to the Information Technology Act, 2000 for the terms addressee and originator was dropped, 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, Indian Evidence Act, 1872 ·