PRESUMPTIONS AS TO DOCUMENTS (SECTION 79 – 90A)

by | Sep 11, 2023

SECTION 79 (shall presume)- If a Certified Copy of a document is presented in court as evidence, it’s assumed genuine. The copy must match legal form and execution. If someone disputes its authenticity, they must prove their claim.

SECTION 85 (shall presume)- 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.

SECTION 88 (may presume) This law allows courts to assume that a telegram presented as evidence corresponds to the message sent by the telegram office. However, it doesn’t presume the sender’s identity. Section 88 establishes a rebuttable factual presumption, excluding assumptions about the sender’s identity.

SECTION 88A (may presume) The Information Technology (Amendment) Act, 2000 introduced this section, which deals with Presumptions about Electronic Messages. It allows courts to assume that an electronic message sent from the originator to the recipient via an email server matches the message entered into the sender’s computer for sending. However, the sender’s identity isn’t presumed. Section 88A establishes a factual presumption, and the court isn’t obliged to raise it; proof can be requested.

SECTION 90 (may presume) – Section 90 addresses Presumptions about Documents older than 30  years regarding their execution and attestation. 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.

SECTION 90A (may presume )- Enacted through the I.T. (Amendment) Act, 2000, this section pertains to Presumptions about Electronic Records that are at least 5 years old.

In conclusion,”Presumptions as to Documents” under the Indian Evidence Act are essential tools that allow courts to make reasonable assumptions about the authenticity, execution, and contents of documents. These presumptions aid in expediting legal proceedings and contribute to a more efficient and effective administration of justice in India.

 

 

 

Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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