What is Presumption as to due execution, etc., of documents not produced What is Presumption as to documents thirty years old What is Presumption as to electronic records five year old Section 89, 90 and 90a of Indian Evidence Act 1872

Presumption as to due execution, etc., of documents not produced, Presumption as to documents thirty years old and Presumption as to electronic records five year old are defined under section 89, 90 and 90a of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 89 of Evidence Act "Presumption as to due execution, etc., of documents not produced"

The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.

 

Section 90 of Evidence Act "Presumption as to documents thirty years old"

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 document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

 

Explanation - Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin, probable.

This explanation applies also to section 81.

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 is proper.

(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession.

(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 is proper

 

Section 90a of Evidence Act "Presumption as to electronic records five year old"

Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the digital signature which purports to be the digital signature of any particular was so affixed by him or any person authorized by him in this behalf.

Explanation.- Electronic records are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin probable.

This Explanation applies also to section 81A.]

 

Indian Evidence Act 1872

What is Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents What is Presumption as to Gazettes in electronic forms Section 81 and 81a of Indian Evidence Act 1872

What is Presumption as to document admissible in England without proof of seal or signature What is Presumption as to maps or plans made by authority of Government Section 82 and 83 of Indian Evidence Act 1872

What is Presumption as to collections of laws and reports of decisions What is Presumption as to powers-of-attorney Section 84 and 85 of Indian Evidence Act 1872

What is Presumption as to electronic agreements What is Presumption as to electronic record and digital signatures What is Presumption as to Digital Signature Certificates Section 85A, 85B and 85C of Indian Evidence Act 1872

What is Presumption as to certified copies of foreign judicial records What is Presumption as to books, maps and charts Section 86 and 87 of Indian Evidence Act 1872

What is Presumption as to books, maps and charts What is Presumption as to electronic messages Section 88 and 88a of Indian Evidence Act 1872

What is Presumption as to due execution, etc., of documents not produced What is Presumption as to documents thirty years old What is Presumption as to electronic records five year old Section 89, 90 and 90a of Indian Evidence Act 1872