Indian Evidence Act- Presumption as to documents (Section 79 to 90A)

Presumptions as to documents

Introduction

Previously we have seen what is public document and private document. This section deals with presumption about documents. This is straightforward part.

Court have discretion in some sections where court have to presume in some cases

Section 79-Presumption as to genuineness of certified copies

Section is based on maxi “Omnio  prosumntur rite esse acta”, which mean all acts are presumed to be rightly done.

Court shall presume that certified copies to be genuine.

Court here shall also presume that any officer by whom any such document purports to be signed or certified held, when he signed it, it will be presumed that he signed in his official capacity.

Section 80- Presumption as to document produced as record of evidence

When oral evidence is taken from witness, then some document is prepared in presence of magistrate or any lawful authority. When such document is produced, court shall presume it’s genuineness.

When Confession of any accused or prisoner is taken either by magistrate or lawful authority, Court shall presume the genuineness of such documents as well.

Section 81-Presumption as to gazette, newspapers, private acts of parliament and other documents

Gazettes, newspapers, private act of parliament such documents shall be presumed to be genuine by the court.

Section 81A-Presemption as to gazettes in electronic forms

If any gazettes are published on website, which is say government website. In such cases court shall presume those are genuine.

Section 82- Colonial section Skip It

Section 83-Presumption as to maps or plans made by authority of Government

If municipality  have prepared a map of it’s border and its geographical boundaries, such documents shall be presumed by court to be genuine.

Provided that such maps or plans are made by government authority.

Section 84- Presumption as to collection of laws and reports of decisions.

Court shall presume the genuineness of every book printed or published under the authority of government of any country.

Section 85- Presumption as to power of attorney

Court shall presume the power of attorney.

Section 85A- Presumption as to electronic agreements

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

Section 85B- Presumption as to electronic records and digital signatures

Court shall presume the genuineness of electronic records when it is done via secure mode and have digital signatures.

Section 85C- Presumption as to digital signature certificates

Typically, when you do agreement via email you would sign the email with digital signature to show that you are really you. To sing, some third party issues you digital signature certificate. This section states that such digital signature certificates shall be presumed to be genuine.

Section 86- Presumption as to certified copies of foreign judicial records

Court may presume that certified copies of foreign judicial records are genuine. Court may well not think that such documents to be genuine either. Here discretion is with court.

Section 87-Presumption as to book, maps and charts

Court may presume about date, place and author of the book, maps, and charts to be written by that author at the time and place.

Section 88-Presumption as to telegraphic messages

Telegraph is gone, but we have telegram and whatsapp today. So court may presume the messages in you whatsapp to be genuine. This is covered in section 88A.

Section 88A-Presumption as to electronic messages

Already covered under section 88.

Section 89-Presumption as to due execution etc, of documents not produced

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 90-Presumption as to documents thirty years old

If very old document is produced, court may presume that such document proper. Court may presume that handwriting is correct, document was duly executed, that document was duly attested.

There are below essential condition for such presumption

<![if !supportLists]>·        <![endif]>Document must have been existence for 30 years

<![if !supportLists]>·        <![endif]>Must be produced in court from proper custody

<![if !supportLists]>·        <![endif]>Document must appear free from any suspicion

In Lucky Baroha Vs D.K Kalia court held that section 90 is confined to original document.

In Shiv Lal Vs Chet Lal, supreme court held that production of copy of 30 years old document is not sufficient.

Section 90A- Presumption as to 5 years old electronic records

Court may presume that 5 year old electronic records are genuine if they are in proper custody.