Which of the following is an example of “may presume” under the Bharatiya Sakshya Adhiniyam, 2023?
Section 90 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 88A of the Indian Evidence Act, 1872) uses may presume: the court may presume that an electronic…
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Which of the following is an example of “may presume” under the Bharatiya Sakshya Adhiniyam, 2023?
Answer and explanation
Correct answer C
Section 90 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 88A of the Indian Evidence Act, 1872) uses may presume: the court may presume that an electronic message forwarded by the originator to the addressee corresponds with the message as fed into the originator's computer for transmission, but it makes no presumption as to the person by whom the message was sent. Sections 85, 86 and 87 (formerly sections 85A, 85B and 85C) use shall presume for their specified electronic-agreement, secure-record/signature and certificate matters, subject to their conditions.
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