⚖️ PRESUMPTIONS UNDER THE EVIDENCE ACT
• Which certified copies are presumed to be genuine under the Evidence Act?
• What Presumption is there in the Evidence Act relating to power of attorney?
• What Presumption is there in the Evidence Act relating to documents thirty years old?
Answers to all these questions are available in provisions contained in section 79 to section 90 of the Evidence Act.
📗 PRESUMPTIONS UNDER THE EVIDENCE ACT — Sections 79 – 90
Genuineness of certified copies — Section 79
- • Court shall presume to be genuine
- o every document purporting to be a 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 an officer of Central or State Govt
Explanatory Notes by DLA on section 79:
- (1) An instance of a document which is by law declared to be admissible as evidence
- Section 68, Partnership Act: Rules of evidence
- • Any statement, intimation or notice
- o recorded or noted in Register of Firms
- • shall be conclusive proof of a fact therein stated
- o as against any person by whom such statement, intimation or notice was signed
Section 83 — Presumption as to maps or plans made by Govt
- • Court shall presume
- o that maps or plans purporting to be made by the authority of Central or State Govt
- o were so made and
- o are accurate
Section 84 — Presumption as to and reports of decisions
- • Court shall presume genuineness
- o of every book purporting to be printed and published under authority of Govt of any country and to contain any law of that country and
- o of every book purporting to contain reports of decisions of Courts of such country
Section 85 — Presumption as to powers of attorney
- • Court shall presume
- o that every document purporting to be a power-of-attorney and to have been executed before and authenticated by a Notary Public or Court etc
- o was so executed and authenticated
Section 87 — Presumption as to books
- • Court may presume
- o that any book to which it may refer for information on matters of public or general interest
- o 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 88 — Presumption as to Telegraphic Messages
- • Court may presume
- o that a message forwarded from a telegraph office
- o corresponds with a message delivered for transmission at the transmitting office
- • but Court shall not make any presumption
- o as to the person by whom such message was delivered for transmission
Section 88A — Presumption as to electronic messages
- • Court may presume
- o that an electronic message forwarded by the originator through an electronic mail server
- o corresponds with the message as fed into his computer for transmission
- • but Court shall not make any presumption
- o as to the person by whom such message was sent
Section 89 — Presumption as to due execution etc
- • Court shall presume
- o that every document, called for and not produced after notice to produce
- o was attested, stamped and executed in the manner required by law
Section 90 — Presumption as to documents thirty years old
- • Where
- o a document purporting or proved to be thirty years old is produced from proper custody
- • Court may presume
- o that the signature and every other part of such document
- o which purports to be in the handwriting of any particular person
- • is in that person’s handwriting
- • In case of a document executed or attested:
- • Court may presume
- o that it was duly executed and attested by the persons by whom it purports to be executed and attested
Explanation
- • Documents are said to be in proper custody
- o if they are in the place in which they would naturally be and
- o under care of the person with whom they would naturally be..
- • but no custody is improper
- o if it is proved to have had a legitimate origin or
- o if circumstances of the particular case are such as to render such an origin probable
Illustration (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 is proper
Illustration (b)
- • A produces deeds relating to landed property of which he is the mortgagee.
- • The mortgagor is in possession.
- • The custody is proper
Illustration (c)
- • A, a connection of B
- o produces deeds relating to lands in B’s possession
- o which were deposited with him by B for safe custody
- • The custody is proper
Section 90A — Presumption as to electronic records five years old
- • Where
- o an electronic record purporting or proved to be five years old
- o is produced from proper custody
- • Court may presume
- o that the electronic signature which purports to be the electronic signature of any particular person was so affixed by him
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❓ FAQs
📄 Which certified copies are presumed to be genuine under Section 79? ➕
Section 79 presumes that every document purporting to be a certified copy by a Central or State Government officer is genuine.
This includes documents admissible by law as proof of particular facts, such as statements recorded in the Register of Firms under the Partnership Act.
This includes documents admissible by law as proof of particular facts, such as statements recorded in the Register of Firms under the Partnership Act.
🖋️ What is the presumption regarding powers of attorney under Section 85? ➕
Section 85 presumes that every document purporting to be a power-of-attorney, executed and authenticated before a Notary Public or Court, is properly executed and authenticated.
Courts accept these presumptions unless disproved by evidence to the contrary.
Courts accept these presumptions unless disproved by evidence to the contrary.
⏳ How are documents thirty years old treated under Section 90? ➕
Section 90 allows courts to presume that documents thirty years old, produced from proper custody, have signatures and contents in the handwriting of the stated person.
Additionally, executed or attested documents are presumed to have been duly executed and attested.
Additionally, executed or attested documents are presumed to have been duly executed and attested.
💻 What presumption exists for electronic records under Section 90A? ➕
Section 90A presumes that electronic records five years old, produced from proper custody, carry electronic signatures that were affixed by the stated person.
This helps courts rely on older electronic documents in the absence of contradictory evidence.
This helps courts rely on older electronic documents in the absence of contradictory evidence.
📚 Can the court presume books or publications are genuine? ➕
Section 87 allows courts to presume that books referred to for public or general interest are written and published by the stated authors at the time and place mentioned.
Section 84 presumes the genuineness of books containing government-published laws or reports of court decisions.
Section 84 presumes the genuineness of books containing government-published laws or reports of court decisions.
📡 How are telegraphic and electronic messages treated under Sections 88 & 88A? ➕
Section 88 presumes that messages forwarded from a telegraph office correspond with the message delivered for transmission, but not the sender.
Section 88A extends similar presumption to electronic messages, presuming the content corresponds to what was input into the system.
Section 88A extends similar presumption to electronic messages, presuming the content corresponds to what was input into the system.
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