Presumption as to documents thirty years old
Chapter 5: Of documentary evidence
Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation.— The Explanation to section 80 shall also apply to this section.
Illustrations.
(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 shall be proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.
(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody shall be proper.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 87Presumption as to Electronic Signature CertificatesEvidence Act 85C
- 88Presumption as to certified copies of foreign judicial recordsEvidence Act 86
- 89Presumption as to books, maps and chartsEvidence Act 87
- 90Presumption as to electronic messagesEvidence Act 88A
- 91Presumption as to due execution, etc., of documents not producedEvidence Act 89
- 93Presumption as to electronic records five years oldEvidence Act 90A