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Indian Evidence Act

(IEA)

Presumption as to telegraphic massages.

Chapter 5: Of Documentary Evidence

Section: 88


The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such message was delivered for transmission.88-A. Presumption as to electronic messages.[Inserted by Act 21 of 2000, Section 92 and Sch.II (w.e.f. 17.10.2000) .]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.]

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