Sections 78 to 93 of the Bharatiya Sakshya Adhiniyam,2023(BSA) gives directions to courts when dealing with the presumption of the genuineness of various documents in the court.(Earlier under Section 79 to 90A of IEA)
What Are Presumptions as to Documents?
Presumptions as to documents means legal rules followed by the courts to make assumptions regarding the authenticity of certain documents without asking for further evidence. These presumptions are made when documents such as certified copies, government records, or electronic agreements are produced before the court.The presumption of a document stays intact unless any party challenging the document must provide evidence to dispute its authenticity.
Key Components
1.Certified Copies (shall presume) – Section 78 of BSA
If a certified copy of a document is produced in a court as evidence, it is assumed to be genuine. The copy must match legal form and execution. If someone challenges its correctness, they must prove it.
2.Documents as Records of Evidence – Section 79 of BSA
When a document is presented as a record of evidence,like a witness testimony or confessions, the court makes a presumption that it is genuine, that statements regarding it are true, and that it was lawfully taken.
3.Official Publications-Section 80 of BSA
The court makes a presumption regarding the authenticity of documents like the Official Gazette, newspapers, journals, or any document required by law to be kept by a person,that it is in the proper manner and from a proper custody.
4.Electronic Records – Section 81 of BSA
Electronic records just like physical documents are considered to be official publications and are presumed to be genuine if they are in the correct manner and from proper custody.
5.Maps or Plans – Section 82 of BSA
Maps or plans which are made by government authority are presumed to be correct unless they are made mainly for a legal case, in which their accuracy must be proven.
6.Laws and Judicial Decisions – Section 83 of BSA
Publication of books by a government authority which has laws or court decisions are presumed to be authentic .
7.Powers of Attorney(shall presume) – Section 84 of BSA
This law assumes that a document claiming to be a Power Of Attorney, executed and authenticated by
- a Notary Public,
- Court, Judge, Magistrate,
- Indian Counsel, or Central Government Representative,
is indeed genuine. The court is obliged to make this presumption, but the opposing party can challenge it.
8.Electronic Agreements – Section 85 of BSA
Agreements which are made electronically having an electronic or digital signature of the parties are presumed to be correct.
9.Electronic Records and Signatures – Section 86 of BSA
They are presumed to be unaltered unless proven otherwise, and presumed that they have been affixed with the intent to sign unless evidence suggests otherwise.
10.Electronic Signature Certificates – Section 87 of BSA
Information provided in the electronic signature certificates is presumed authentic unless proven otherwise, except the information of those subscribers that has not been verified.
11.Foreign Judicial Records-Section 88 of BSA
Certified copies of foreign judicial records are presumed authentic and correct if authorized by a government representative in that country.
12.Books, Maps, and Charts – Section 89 of BSA
Presumption that books, maps, and charts of public interest are published by the stated author at the stated time and place.
- Electronic Messages(may presume) – Section 90 of BSA
Courts assume that an electronic message sent from the originator to the recipient through an email matches the message entered into the sender’s computer for sending. However, the sender’s identity isn’t presumed. Section 90 establishes a factual presumption, and the court isn’t obliged to raise it; proof can be requested.
14.Documents Not Produced – Section 91 of BSA
If a document is not produced in the court even after a notice to produce,it will be presumed that it was duly attested, stamped, and executed as required by law.
15.Old Documents(may presume) – Section 92 of BSA
This section addresses presumptions about documents older than 30 years regarding their execution and attestation. If they are from a proper custody,they are presumed to be genuine along with signatures and handwriting.This presumption of fact can be challenged, and the court isn’t obligated to automatically apply it. The court can ask for evidence from the party to prove execution and attestation by the relevant individuals.
16.Old Electronic Records(may presume) – Section 93 of BSA
This section pertains to presumptions about electronic records that are at least 5 years old if from a proper custody may be presumed that it is signed by the person who claims.
Exceptions
These presumptions explained above can be rebutted if authentic evidence is produced that challenges their correctness, accuracy, or proper execution is in question. The burden of proof shifts to the party who is challenging this presumption.
Examples
- Ownership Document (Section 92) :A 35 year-old document of ownership of land,given from a proper custody, is presumed to be authentic.
Why Is This Important?
The presumptions provided from section 78 to 93 of BSA simplify and speed up legal processes by eliminating the need for additional proof of genuineness of the document. This is mainly essential for old documents or public records, where obtaining direct evidence of authenticity might be very difficult.
In conclusion,”Presumptions as to Documents” under Bharatiya Sakshya Adhiniyam,2023(BSA) are essential tools that allow courts to make reasonable assumptions about the authenticity, execution, and contents of documents.These presumptions help in speeding up the legal process and helps in contributing to a more efficient and effective administration of justice in India.
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