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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 14, 20242024-05-14T14:18:15+05:30 2024-05-14T14:18:15+05:30In: Co-operation, Co-operative Law and Business Laws

Discuss in detail the ‘Presumptions as to the Documents’ under the Indian Evidence Act, 1872.

Discuss in detail the ‘Presumptions as to the Documents’ under the Indian Evidence Act, 1872.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-14T14:18:43+05:30Added an answer on May 14, 2024 at 2:18 pm

      Under the Indian Evidence Act, 1872, "Presumptions as to Documents" are provisions that establish certain presumptions regarding the genuineness, authenticity, and validity of documents presented as evidence in court proceedings. These presumptions assist the courts in assessing the probative value of documents and facilitate the administration of justice. Here's a detailed discussion on presumptions as to documents:

      1. Presumption of Genuineness (Section 81):

      • This section presumes that documents which appear to bear a seal of any court, government office, or banker, and which purport to be certified copies, are genuine. However, this presumption can be rebutted by evidence to the contrary.

      2. Certified Copies of Public Documents (Section 79):

      • Certified copies of public documents, if purported to be made by the lawful custodian of such documents, are presumed to be genuine and accurate. This presumption extends to the accuracy of the copy's contents in relation to the original.

      3. Certified Copies of Private Documents (Section 65B):

      • Section 65B provides for the admissibility of electronic records as evidence. It presumes that electronic records certified by a person occupying a responsible official position in relation to the operation of the relevant device or system are genuine and accurate.

      4. Presumption of Due Execution of Documents (Section 114, Illustration (b)):

      • Section 114 of the Indian Evidence Act provides for certain rebuttable presumptions. Illustration (b) of this section presumes that a document is duly executed if it bears a signature which appears to be the same as the signature of the person by whom it purports to be executed. However, this presumption can be rebutted by evidence to the contrary.

      5. Presumption of Documents Thirty Years Old (Section 90):

      • Section 90 creates a presumption regarding the genuineness of documents that are thirty years old or more. It presumes that documents produced from proper custody during that time are genuine and accurate. However, this presumption is rebuttable.

      6. Presumption as to Documents Produced as Record of Evidence (Section 80):

      • Section 80 presumes that documents produced as record of evidence in any judicial proceeding are genuine and accurate. However, this presumption is subject to rebuttal if evidence is provided to the contrary.

      In summary, presumptions as to documents under the Indian Evidence Act, 1872, establish various legal presumptions regarding the genuineness, authenticity, and validity of documents presented as evidence in court proceedings. These presumptions play a crucial role in simplifying the process of adducing evidence and ensuring the fair and efficient administration of justice. However, it's important to note that these presumptions are rebuttable and may be challenged by presenting evidence to the contrary.

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