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What is Presumption as to books, maps and charts What is Presumption as to electronic messages Section 88 and 88a of Indian Evidence Act 1872

Presumption as to books, maps and charts and Presumption as to electronic messages are defined under section 88 and 88a of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 88 of Evidence Act "Presumption as to books, maps and charts"

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.


 

Section 88a of Evidence Act "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 clause (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.]

 

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