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

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.