Section 272 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
π Section 272 β Presumption as to Electronic Messages
Bare Text (approximate/paraphrased for understanding):
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.
π Detailed Explanation
β 1. What Is an Electronic Message?
An electronic message includes:
Emails
Instant messages (like WhatsApp, Signal, etc.)
Texts sent via apps or platforms
Other forms of digital communication transmitted electronically.
This section is about how courts should treat such messages as evidence.
β 2. Presumption Allowed: Message Content Matches Original
The first part of Section 272 allows the court to presume that:
The message received by the recipient is the same as what was typed or input by the sender into their device or computer system.
π’ Example:
If Alice sends an email to Bob, and Bob presents it in court, the court may presume that the content Bob received matches what Alice typed and sent.
π« 3. No Presumption About the Senderβs Identity
The second part of the section does not allow the court to presume that:
The message was actually sent by the person it appears to be from (i.e., the sender's identity is not automatically accepted).
π΄ Example:
If Bob receives an email that seems to be from Alice, the court will not automatically presume that Alice was the one who actually sent it. Someone else could have sent it using her email account.
βοΈ Purpose and Importance
Section 272 strikes a balance between technological reliability and legal caution:
| Presumed | Not Presumed |
|---|---|
| The content of the message remained unchanged in transmission. | The actual identity of the sender. |
This protects against:
Forgery
Spoofing
Misuse of electronic devices/accounts
π§ Implications in Practice
Parties relying on electronic messages must prove who sent the message (e.g., by using IP address logs, authentication, or witness testimony).
However, they donβt have to prove that the message wasnβt altered during transmission β that is presumed.
π Summary
| Element | Explanation |
|---|---|
| Presumption Allowed | Message content received matches the message originally sent. |
| Presumption Not Allowed | Identity of the person who sent the message. |
| Legal Strategy | Prove authorship separately with supporting evidence. |
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