Section 263 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
๐น Section 263 of the Bharatiya Sakshya Adhiniyam, 2023 โ Detailed Explanation
Section 263: Presumption as to electronic messages
Text of the Section:
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.
โ Breakdown and Explanation
This section deals with presumptions related to electronic messages, especially emails or digital communications.
๐น 1. Presumption about Content
The court may presume that the content of the message received by the addressee is the same as what was originally entered into the senderโs computer or device before it was transmitted.
In simple terms, if you send an email, the court may assume that the recipient got the same message you typed and sent, unless proven otherwise.
๐น 2. No Presumption about Identity of Sender
However, the court will not presume who actually sent the message.
That means just because an email was sent from someoneโs email ID, the court will not automatically assume that that person actually sent it. It must be proven separately.
This protects against situations like:
Email accounts being hacked.
Messages being sent by someone else using your device or credentials.
๐ง Legal Significance
Balancing trust and verification:
The law trusts the medium (email server) to transmit accurately, but
It does not trust the identity of the sender without further proof.
This section is particularly important in cybercrime cases, contractual disputes involving emails, or any litigation relying on digital communication.
๐ Example Scenario
Suppose A receives an email that says:
"I agree to the contract terms. โ B"
Under Section 263, the court may presume that the content of the message is the same as what was entered and sent by someone from B's system.
But the court will not presume that B personally sent it unless there is proof like:
Login records,
Authentication details,
IP address tracing, etc.
โ๏ธ Key Takeaways
| Element | Presumption by Court? |
|---|---|
| Message Content | โ Yes |
| Identity of Sender | โ No |
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