BSA Section 90 — Presumption as to electronic messages

Summary

The Court may presume that an electronic message, sent by the originator through an electronic mail server to the addressee it claims to be addressed to, matches the message as it was fed into the originator's computer for transmission. However, the Court cannot presume anything about who actually sent that message.

Official Text

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.

Related Judgments

• MAHINDRA ELECTRIC MOBILITY LIMITED AND ANR. vs COMPETITION COMMISSION OF INDIA AND ANR — Delhi High Court (2019)
• T.K.S. BUILDERS PVT. LTD. vs INCOME TAX OFFICER WARD 25(3), NEW DELHI — Delhi High Court (2024)
• 20.1.2023; Ct. no. 652; CO 1060 of 2019; With; CAN 1 of 2019(Old CAN 8 vs Gourhari Sanki & Ors., Mr. Biswaranjan Bhakat …for the petition — Calcutta High Court (Kolkata Principal Seat) (2023)
• Suji @ Kasi vs The State rep., by,, The Inspector of Police,, CBCID, Nagercoil,, Kany — Madras High Court (Madurai Bench) (2026)
• Ooomer Road, Ambur-a; Religious Institution; rep. by its president vs 1.Ranganathan, 2.Rajendran @ Sisu, 3.Rajendran — Madras High Court (Principal Bench, Chennai) (2019)

Old <-> New Code Mapping

• IEA §88A — Presumption as to electronic messages