IEA §88A → BSA §90
Presumption as to electronic messages
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Comparison
3[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).]
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 electronic messages.
Old position
IEA 88A is concerned with Presumption as to electronic messages. 3[88A
New position
BSA 93 preserves the framework with drafting modernisations as required by the new code. Topic: Evidence of terms of.. Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the
BSA 93 (Evidence of terms of.) preserves the framework of IEA 88A. BSA 93 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 93 text: Where any electronic record, purporting or proved to be five...
Editorial deltaAI-indicated (source-linked)
BSA-90 reproduces the operative content of IEA-88A. The original PRS-chart pairing (BSA-93) was identified as incorrect by two-model cross-check (Claude doctrine-driven + ChatGPT browser thread). IEA 88A on presumption as to electronic messages is carried forward in BSA 90; current pairing to BSA 93 (electronic signature age presumption) is incorrect.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 88A continues to apply. For matters from that date forward, BSA 93 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 93 (Evidence of terms of.). 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 §88A → BSA §90 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/88A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.