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Presumption as to documents BSA| Presumption as to documents Bharatiya Sakshya Adhiniyam, 2023

Updated: Feb 8

Presumptions as to documents


Section 78 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to genuineness of certified copies.


(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government:


Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.


(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.


Section 79 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to documents produced as record of evidence, etc.


Whenever any document is produced before any Court, purporting to be a record

or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that—

(i) the document is genuine;

(ii) any statements as to the circumstances under which it was taken, purporting

to be made by the person signing it, are true; and

(iii) such evidence, statement or confession was duly taken.


Section 80 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to Gazettes, newspapers, and other documents.


The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.


Explanation.—For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.


Section 81 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to Gazettes in electronic or digital record.


The Court shall presume the genuineness of every electronic or digital record purporting to be the Official Gazette, or purporting to be electronic or digital record directed by any law to be kept by any person, if such electronic or digital record is kept substantially in the form required by law and is produced from proper custody.


Explanation.—For the purposes of this section and section 93 electronic records are said to be in proper custody if they are in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render that origin probable.


Section 82 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to maps or plans made by authority of Government.


The Court shall presume that maps or plans purporting to be made by the authority of the Central Government or any State Government were so made, and are accurate; but maps or plans made for the purposes of any cause must be proved to be accurate.


Section 83 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to collections of laws and reports of decisions.


The Court shall presume the genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.


Section 84 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to powers- of-attorney.


The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.


Section 85 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to electronic agreements.


The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties.


Section 86 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to electronic records and electronic signatures.


(1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates.


(2) In any proceeding, involving secure electronic signature, the Court shall presume unless the contrary is proved that—


(a) the secure electronic signature is affixed by subscriber with the intention of signing or approving the electronic record;


(b) except in the case of a secure electronic record or a secure electronic signature, nothing in this section shall create any presumption, relating to authenticity and integrity of the electronic record or any electronic signature.


Section 87 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to Electronic Signature Certificates.


The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber.


Section 88 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to certified copies of foreign judicial records.


(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.


(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897, shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.


Section 89 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to books, maps and charts.


The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published.


Section 90 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to electronic messages.


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.


Section 91 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to due execution, etc., of documents not produced.


The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.


Section 92 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to documents thirty years old.


Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.


Explanation.—The Explanation to section 80 shall also apply to this section.


Illustrations.


(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody shall be proper.


(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.


(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody shall be proper.


Section 93 BSA | Bharatiya Sakshya Adhiniyam, 2023


Presumption as to electronic records five years old.


Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him or any person authorised by him in this behalf.


Explanation.—The Explanation to section 81 shall also apply to this section.







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