Section 90 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 90 of the Bharatiya Sakshya Adhiniyam, 2023 – Presumption as to Electronic Messages
Overview:
Section 90 of the Bharatiya Sakshya Adhiniyam, 2023, addresses the admissibility and presumption of electronic messages in legal proceedings. This provision is crucial in the context of the increasing reliance on electronic communication in legal matters
Key Provisions:
Presumption Regarding Content:
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 the computer for transmission.(indiankanoon.org)
No Presumption Regarding Sender:
The Court shall not make any presumption as to the person by whom such message was sent.(myjudix.com)
Explanation:
This section facilitates the acceptance of electronic messages as evidence in legal proceedings by allowing the court to presume that the content of the message remains unchanged from the time it was sent to the time it was received. However, it does not extend this presumption to the identity of the sender, meaning that the court will not assume the message was sent by the person it purports to be from without further evidence.(indiankanoon.org)
Illustrative Example:
If a party in a legal proceeding submits an email as evidence, the court may presume that the content of the email is the same as when it was sent. However, the court will require additional evidence to establish that the email was indeed sent by the person it claims to be from.
Importance in Legal Proceedings:
Section 90 aligns with the evolving nature of communication and ensures that electronic messages can be considered in legal proceedings, provided their authenticity is established. This provision is particularly relevant in cases involving contracts, communications, and transactions conducted electronically.
Conclusion:
Section 90 of the Bharatiya Sakshya Adhiniyam, 2023, modernizes evidence law to accommodate electronic communications, thereby facilitating the fair and efficient administration of justice in the digital age.
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