Section 88 of the Indian Evidence Act, 1872

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The presumption under section 88 is only with regard to the message transmitted. Under this section the court may presume that a telegraphic message forward from the telegraph office to the addressee corresponds with a message delivered for transmission, but not to make any presumption as to the person by whom such message was sent.

This section only concerns with the presumption that the message had been forwarded from the telegraph office and such message had been received by the addressee. There is no presumption as to the person who delivered such message for transmission. “The there effect of Section 88 is to enable the court to accept this hearsay as evidence of the identity of the message delivered with that handed in.”A telegram is a primary evidence of the fact that the same was delivered to the addressee on the date indicated therein.

The presumption could be rebutted by producing the message actually received by the person who wants to rebut the presumption.

88A. 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 clauses (6) and (za) of sub-section

(1) Of Section 2 of the Information Technology Act, 2000.