What Is BSA Section 90?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 90 of the Bhartiya Sakshya Adhiniyam, 2023 allows the Court to presume the accuracy of electronic messages transmitted from the originator to the addressee. This presumption applies to the content of the message as it was input for transmission, while the identity of the sender remains unassumed.

Question & Answers

Q1: What does Section 90 state about electronic messages?

A1: It states that the Court may presume that an electronic message corresponds with the content as it was fed into the sender's computer for transmission.

Q2: What limitation does this section impose on the presumption?

A2: The Court shall not make any presumption regarding the identity of the person who sent the electronic message.

Q3: Why is this presumption significant?

A3: This presumption helps in establishing the authenticity of electronic communications, which are commonly used in legal matters, while recognizing the complexities of verifying the sender's identity.

Example

• If an email is presented in court as evidence, the Court may assume that the content of the email matches what the sender intended to transmit, but it will not assume who specifically sent the email.
• In a case involving electronic contracts, if a message from the originator to the recipient is submitted, the Court will presume the message reflects the content input by the originator, without confirming the originator’s identity.

Summary

Section 90 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a presumption regarding the accuracy of electronic messages as they were transmitted from the originator to the addressee. While this supports the authenticity of electronic communications, it maintains the limitation that the identity of the sender is not presumed.