PRESUMPTION AS TO DOCUMENTS

(SECTIONS -79 TO 90A )

Presented by:-

Sanjeev Saurav
INTRODUCTION
 From sec. 79 to 90A of India Evidence Act
deals with the presumption as to
genuineness of a certain kind of evidence.

 May presume as to document is the

discretionary power of the court, but shall
presume as to document is binding on the
court.
DEFINITION

Document:
The definition of document is mentioned in section- 3
of Indian Evidence Act, 1872
“document” means any matter expressed or described
upon the substance by means of letters, figures or marks,
or by more than one of those means, intended to be used,
or which may be used, for the purpose of recording that
matter.
PRESUMPTION
AN IDEA THAT IS TAKEN TO BE TRUE ON THE BASIS OF
PROBABILITY.
May presume
u/s 4 of IEA, 1872
Whenever it is provided by this
Act that Court may presume
a fact, it may either regard
such fact as proved, unless
and until it is disproved, or
may call for proof of it.
Shall presume
u/s 4 of IEA, 1872
Whenever it s directed by this
Act that the Court shall
presume a fact, it shall
regard such fact as proved,
unless and until it disproved
PRESUMPTION AS TO DOCUMENTS
May Presume Shall Presume

 Sec. 86  Sec. 79
 Sec. 87  Sec. 80
 Sec 88  Sec. 81
 Sec. 88 A  Sec. 81 A
 Sec. 90  Sec. 82
 Sec. 90 A  Sec. 83
 Sec. 84
 Sec. 85
 Sec. 85 A
 Sec. 85 B
 Sec. 85 C
 Sec. 89
 SHALL PRESUME
Section 79 :- Presumption as to genuineness of certified
copies
Document :- every certificate, certified copy or other document.
Presumption :-
 Genuine, if substantially in the form and purports to be
executed in the manner directed by law in that behalf.

 Officer signing the document having official capacity.

Case :-

Bhinka v. Charan Singh, AIR 1959

Tata Chemicals Ltd., Bombay v. Sadhu Singh, AIR 1994
 SHALL PRESUME
 Section 80 :- Presumption as to documents produced
as record of evidence

 Document :-

Any statement or confession which is recorded by

magistrate or signed by magistrate.

 Presumption :-

1. Genuine
2. Duly taken
3. True
SHALL PRESUME
 Section 81 :-Presumption as to Gazettes, newspapers, private
Acts of Parliament and other documents

 Document :-

gazettes, newspapers, journal, any private Acts of Parliament of UK in

substantial form

 Presumption :-

1. Genuine
2. True

Case :-

Binod Kumar Jain v. Gauhati Municipal Corporation, AIR 1994

SHALL PRESUME
 Section 81 A :-Presumption as to Gazettes in
electronic forms.

Document :-
Official Gazette in electronic form

 Presumption :-

1. Genuine
2. True
SHALL PRESUME
 Section 82 :-Presumption as to document admissible
in England without proof of seal or signature.

Document :-
Any document is admissible in court of England without
proof of seal or stamp or signature.

 Presumption :-

1. Genuine
2. Judicial and official capacity while signing.
SHALL PRESUME
 Section 83 :-Presumption as to maps or plans
made by authority of Government.

Document :-
Maps or plan by authority of government

 Presumption :-

1. That they were so made.

2. That they are accurate.
SHALL PRESUME
 Section 84 :-Presumption as to collections of
laws and reports of decisions.

 Document :-
Any book printed or published under the authority of
the Government of any country.
 Presumption :-

1. Genuine
2. True
SHALL PRESUME
 Section 85 :-Presumption as to powers-of-attorney.

 Document :-
A power of attorney executed before and authenticated by a notary public, or
court or magistrate.
 Presumption :-

That is was so executed and authenticated.

Case :-
Citi Bank N.A., New Delhi v. J.K. Mills (AIR 1994),
held that court can presume that the notary public must satisfied himself
about competence of the executants.
SHALL PRESUME
 Section 85 A :-Presumption as to electronic
agreements.

 Document :-
every electronic record purporting to be an
agreement containing the electronic signature of
the parties was so concluded by affixing the
electronic signature of the parties.

Presumption :-
Genuine & True
 SHALL PRESUME
 Section 85 B :-Presumption as to electronic records and electronic
signatures
 Document :-
In any proceedings involving a secure electronic record, In any proceedings
involving secure digital signature

 Presumption :-
(a) the secure electronic signature is affixed by subscriber with the intention of
signing or approving the electronic record;
(b) except in the case of a secure electronic record or a secure electronic
signature, nothing in this section shall cerate any presumption, relating to
authenticity and integrity of the electronic record or any electronic signature.
SHALL PRESUME
 Section 85 C :-Presumption as to Electronic Signature
Certificates.
 Document :-

The information listed in a Electronic Signature

Certificate is correct, except for information specified as
subscriber information which has not been verified, if the
certificate was accepted by the subscriber.

Presumption :-
Genuine & True
SHALL PRESUME
 Section 89:-Presumption as to due execution, etc., of
documents not produced.
 Document :-

every document, called for and not produced after notice

to produce, was attested, stamped and executed in the
manner required by law.
 Presumption :-

Genuine & True

MAY PRESUME
 Section 86 :-Presumption as to certified copies of
foreign judicial records.

 Document :-
Certified copies of judicial record of country not forming
part of India.

Presumption :-
Genuine & Accurate
MAY PRESUME
 Section 87 :-Presumption as to books, maps and charts.

 Document :-
A book to which court may refer for information on matters to
public or general interest.( Books , Maps & Chart)

 Presumption :-
That it was written and published by the person by whom it
supports to have been written or published.
MAY PRESUME
 Section 88 :-Presumption as to telegraphic messages.
 Document :- Telegraphic messages.

Presumption :-
Message Forwarded from post office is person to whom
purports to addressed.
MAY PRESUME
 Section 88A :-Presumption as to electronic messages.
 Document :-

Electronic message, forwarded by the originator

Presumption :-
Message forwarded from originator is person to whom it
purports to addressed.
MAY PRESUME
 Section 90 :-Presumption as to documents thirty years
old.
 Document :-

(Ancient Documents) 30 years old Documents and

produced from proper custody.
 Presumption :-

It was attested by the person by whom it purports.

 Illustration :-

‘A’ has been on possession of landed property for a long

time. He produced from his custody deeds relating to the
land, showing his title to it. The custody is proper.
MAY PRESUME
 Section 90A :-Presumption as to electronic records
five years old.
 Document :-

Electronic record of 5 years old, which is produced from

any custody which court considers.
Presumption :-
Electronic Signature affix by person by it propose to be
affix and authorized by any person to whom the authority
has been given.