IEA Section 88 (Presumption as to telegraphic messages) was not carried into the BSA
Indian Evidence Act, 1872 · applies to offences and proceedings before 1 July 2024
NCRB's official correspondence table lists IEA 88 as deleted (page 18), and BPR&D's gives it no BSA counterpart. There is no provision of the Bharatiya Sakshya Adhiniyam, 2023 that replaces it.
IEA 88: Presumption as to telegraphic messages
Before 1 July 2024
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.
Which one applies
Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.
Read BSA section 170 →Judgments decided under IEA 88
They still govern offences committed before 1 July 2024. With no BSA counterpart, they do not carry forward.
Sources
- Correspondence Table and Comparison Summary of the Bharatiya Sakshya Adhiniyam, 2023 to the Indian Evidence Act, 1872, Bureau of Police Research & Development, Ministry of Home Affairs.
- Bharatiya Sakshya Adhiniyam, 2023: bare Act with Corresponding Section Table, National Crime Records Bureau (Sankalan), page 18.
- The Indian Evidence Act, 1872 (Act 1 of 1872), as amended, India Code, Legislative Department, Ministry of Law and Justice.
BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.