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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The Indian Evidence Act, 1872, provides for various presumptions regarding documents to facilitate the administration of justice and ease the burden of proof on parties to litigation. These presumptions help courts in determining the authenticity, genuineness, and contents of documents presented as evidence. Let's discuss the presumptions as to documents in detail:
Presumption of Authenticity (Section 79):
According to Section 79 of the Indian Evidence Act, any document that purports to be more than 20 years old and is produced from proper custody is presumed to be authentic unless proven otherwise. Proper custody refers to the usual place of custody or storage where documents of that nature are kept.
Presumption of Due Execution (Section 85):
Section 85 states that when a document is produced as evidence and is alleged to be signed by any person, the court shall presume that it was duly executed by that person if it is in the handwriting of that person or was signed in the presence of a competent witness who could testify to its execution.
Presumption of Certified Copies (Section 86):
Certified copies of public documents are presumed to be genuine and accurate representations of the original documents unless there is evidence to the contrary. Public documents include records maintained by government offices, courts, and other public authorities.
Presumption of Registered Documents (Section 90):
Section 90 provides that when a document is required by law to be registered and it is duly registered, the court may presume that the facts stated in the document are true. Registered documents carry a presumption of regularity and authenticity due to the formalities involved in the registration process.
Presumption as to Attestation (Section 68):
Section 68 deals with the presumption of attestation. When a document requires attestation by law, the court presumes that it was properly attested unless proven otherwise. Attestation is the process of witnessing the execution of a document by a person competent to do so.
Presumption of Private Documents (Section 67A):
Section 67A provides that if a document purports to be a deed or other instrument to which the common seal of a corporation is required to be affixed and it is sealed with such seal in the manner prescribed by law for the time being in force, the court shall presume that it was duly sealed and executed.
These presumptions as to documents are intended to expedite judicial proceedings and assist courts in arriving at just and equitable decisions. However, these presumptions are rebuttable, meaning that they may be overturned by evidence to the contrary. It is essential for parties to litigation to understand these presumptions and present evidence to either support or rebut them depending on the circumstances of each case.