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

The Indian Evidence Act, 1872, provides for certain presumptions as to the genuineness, authenticity, and validity of documents. These presumptions serve as evidentiary aids to assist the courts in determining the truth and reliability of documentary evidence presented before them. Here is a detailed discussion on the presumptions as to documents under the Indian Evidence Act:

1. Presumption of Authenticity (Section 81):

   • Section 81 of the Indian Evidence Act provides that when a document purports to be the handiwork of any particular person, the court may presume that it was written by that person.
   • This presumption is based on the principle of handwriting identification and is subject to the court's discretion to accept or reject expert opinion or other evidence regarding the genuineness of the handwriting.

2. Presumption of Execution (Section 85):

   • Section 85 of the Indian Evidence Act states that if a document purports to be signed or executed in a certain manner, the court may presume that it was so signed or executed.
   • This presumption applies to documents such as deeds, contracts, wills, and other legal instruments and is based on the principle that people are presumed to have acted in accordance with the usual course of business or practice.

3. Presumption of Certified Copies (Section 63):

   • Section 63 of the Indian Evidence Act deals with certified copies of public documents. It provides that certified copies of public documents are admissible as evidence of the contents of the original documents.
   • The presumption here is that certified copies are accurate reproductions of the original documents and can be relied upon as evidence in court proceedings.

4. Presumption of Official Acts (Section 79):

   • Section 79 of the Indian Evidence Act deals with the presumption as to the genuineness of official acts. It states that the court may presume that any official act or proceeding was regularly conducted and that the person who signed any document was authorized to do so.
   • This presumption applies to documents and records created or maintained by public officials in the course of their official duties, such as birth certificates, marriage certificates, government orders, etc.

5. Presumption of Date of Documents (Section 87A):

   • Section 87A, inserted by an amendment in 2003, deals with the presumption as to the date of documents. It provides that if a document is executed or attested and bears a date, the court may presume that it was executed or attested on that date.
   • This presumption facilitates the determination of the chronological sequence of events based on documentary evidence.

In conclusion, the presumptions as to documents under the Indian Evidence Act play a crucial role in the adjudication of disputes and legal proceedings by enabling courts to infer certain facts from the contents and form of documents presented as evidence. These presumptions assist in establishing the genuineness, authenticity, and validity of documents, thereby enhancing the reliability and effectiveness of documentary evidence in the administration of justice. However, it is essential to note that these presumptions are not conclusive and may be rebutted by contrary evidence or circumstances.