Presumption as to electronic messages
AI Assist
Summary
When an originator forwards an electronic message via an electronic mail server to the addressee it purports to be for, a court may presume the message received corresponds with what was fed into the originator's computer for transmission. The court cannot, however, presume who actually sent the message.
Example
Ravi emails a signed agreement to Meera through his email server. If that message is produced in court, the court may accept that the message Meera received is the same as what Ravi fed into his computer for sending. The court still cannot automatically conclude the message was actually sent by Ravi personally.
Bare Act
Enacted textThe 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.
Explanations
For the purposes of this section, the expressions addressee and originator shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.
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