What Is Section 90 Of BSA?

In criminal proceedings, the evidence is crucial to the decision-making process and the pursuit of justice. Oral and documentary evidence are both accepted under the Bhartiya Sakshya Adhiniyam. Documentary evidence is defined as records that are produced for a court’s review under the Bhartiya Sakshya Adhiniyam. Throughout the course of the inquiry, the documented evidence is very trustworthy and helpful. There are two primary categories of documents: private and public.

What are Electronic Messages?

• Any message that is digitally sent or saved qualifies as secondary evidence, and this includes electronic data. The Bhartiya Sakshya Adhiniyam governs the broad examination of the evidence value of electronic records.
• According to the sections, any information found in an electronic record that is printed on paper, stored, recorded, or copied in optical media and created by a computer is deemed to be a document if the four requirements listed are met. 
• This means that the information can be used in court proceedings without the need for further confirmation or the production of the original as proof of any interactions with the original or any facts expressed in it, for which direct evidence would be acceptable.
• When the computer was regularly used to store or handle data for any exercises that were regularly conducted during that time by the person with legal control over the use of the computer, the computer output including such information should have been given by the computer.
• Data similar to what was in the electronic record was often entered into the computer during that time as part of routine activities.
• The computer needs to function properly during the relevant portion of that time. In the unlikely event that the computer malfunctioned at that time, it should be noted that neither the accuracy of the contents nor the electronic record was impacted.
• The information in the electronic record should be exactly as it was replicated or obtained from the information entered into the computer during regular business operations.

Section 90 of BSA

• Given how much information is shared electronically these days, this section is crucial. Section 90 of BSA offers a number of presumptions about electronic messages. 
• In line with this Section, the Court assumes that an electronic message that is sent by the sender via an e-mail server to the recipient to whom it is purportedly directed is identical to the message that was entered into his computer. 
• The meaning of the terms “addressee” and “originator” as stated in clauses (b) and (za) of sub-section (1) of Section 2 Information Technology Act, 2000 is the same, according to the Section.

Presumption as to Electronic Messages

• Section 90’s assumption solely applies to the message that was transmitted. In accordance with this section, the court may assume that a message forwarded by the telegraph office to the recipient matches a message supplied for transmission, but it will not assume anything about the sender of the message.
• This section only addresses the assumption that the message was received by the addressee after being sent from the telegraph office. 
• Regarding the individual who brought such a message for transmission, there is no assumption. 
• The court can accept this hearsay as proof of the identity of the message delivered with that turned in because of Section 90 of BSA.
• A telegram serves as the main proof that the message was delivered to the recipient on the specified date.

The Bhartiya Sakshya Adhiniyam’s section on presumptions is crucial because it aids in the investigation. The investigation is facilitated and expedited by the presumptions. The Court must adhere to all presumptions and may only modify its view of them when absolutely required. The documents hold significant evidentiary value, so it’s critical to conduct a thorough investigation while also sparing the Court’s valuable time. Therefore, one of the most important aspects of the Bhartiya Sakshya Adhiniyam is the presumptions pertaining to the documents.

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