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The Evidence Act, 1872

Section 88APresumption as to digital communication

In forcePart II ON PROOFChapter V PRESUMPTION AS TO DOCUMENTS

Part II ON PROOF

Chapter V PRESUMPTION AS TO DOCUMENTS

s. 88A

88A. Presumption as to digital communication [The Court may presume that a digital communication forwarded by the originator through a digital communication or message server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer or fed into other forms of digital device for transmission; but the Court shall not make any presumption as to the persons 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 (22) and (24) of section 2 of the Information and Communication Technology Act, 2006 (Act No. 39 of 2006).]

  1. 60. Section 88A was inserted by section 17 of the Evidence (Amendment) Act, 2022 (Act No XX of 2022).

End of s. 88A.

Read the contents: The Evidence Act, 1872