IEA §86 → BSA §90
Presumption as to certified copies of foreign judicial records
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Comparison
86. Presumption as to certified copies of foreign judicial records. The Court may presume that any document purporting to be a certified copy of any judicial record of 7[8* * * any country not forming part of India or] of Her Majesty’s Dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of 9* * * the 3[Central Government] 10[in or for] 11[such country] to be the manner commonly in use in 12[that country] for the certification of copies of judicial records. 13[An officer who, with respect to 14*** any territory or place not forming part of 15[India or] Her Majesty’s Dominions, is a Political Agent there for, as defined in section 3, 16[clause (43)], of the General 1. Subs. by the A.O. 1950, for “British”. 2. The Words “of Her Majesty, or” Rep. ibid. 3. Subs. by the A.O. 1937, for “Government of India”. 4. Ins. by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000). 5. Subs. by Act 10 of 2009, s. 52(e), for “digital signature” (w.e.f. 27-10-2009). 6. Subs. by ibid., s. 52(f), for “Digital Signature Certificate” (w.e.f. 27.10.2009). 7. Subs. by the A.O. 1950, for “any country not forming part”. 8. The words “a Part B State or of” omitted by Act 3 of 1951, s. 3 and the Schedule. 9. The words “Her Majesty or of” omitted by A.O. 1950. 10. Subs. by Act 3 of 1891, s. 8, for “resident in”. 11. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “such Part B State or Country”. 12. Subs. by s. 3 and the Schedule, ibid., for “that State or Country”. 13. Subs. by Act 5 of 1899, s. 4, for the para added by Act 3 of 1891, s. 3. 14. The words “a Part B State or” ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule. 15. Ins. by the A.O. 1950. 16. Subs., ibid., for “clause (40)”. Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the 1[Central Government] 2[in and for the country] comprising that territory or place].
90. 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.
What changedAI-inferred
Presumption as to certified copies of foreign judicial records.
Old position
IEA 86 is concerned with Presumption as to certified copies of foreign judicial records. Presumption as to certified copies of foreign judicial records
New position
BSA 90 preserves the framework with drafting modernisations as required by the new code. Topic: The Court may presume that an electronic message, forwarded by the originator.. 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
BSA 90 (The Court may presume that an electronic message, forwarded by the originator.) preserves the framework of IEA 86. BSA 90 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 90 text: The...
Editorial deltaAI-indicated (source-linked)
BSA 90 (The Court may presume that an electronic message, forwarded by the originator.) preserves the framework of IEA 86. BSA 90 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 90 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 86 continues to apply. For matters from that date forward, BSA 90 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 90 (The Court may presume that an electronic message, forwarded by the originator.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §86 → BSA §90 Mapping Page, last updated 2026-05-01, accessed 2026-06-12, https://newlaws.in/iea/86.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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