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Section88A
The Indian Evidence Act, 1872

Presumption as to electronic messages

Repealed From 01 Sep 1872 Act 1 of 1872 As on 17 Oct 2026

Act 1 of 1872 Ministry Law and Justice Enacted 15 Mar 1872 In force 01 Sep 1872

This provision is repealed. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 88A of the Indian Evidence Act, 1872 deals with 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; The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

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 88A, The Indian Evidence Act, 1872 (Act 1 of 1872).

Now in the Bharatiya Sakshya Adhiniyam

BSA 90 Presumption as to electronic messages Text carried over almost unchanged 95%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Questions about Section 88A

What does Section 88A of the Indian Evidence Act deal with?

Section 88A of the Indian Evidence Act is headed "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;

How do I find court cases under Section 88A of the Indian Evidence Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 88A, section 88A IEA, section 88A of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 88A of the Indian Evidence Act, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BSA 90 (Presumption as to electronic messages), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 88A of the Indian Evidence Act come into force?

Section 88A of the Indian Evidence Act, cited as IEA 88A, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.