Section 91 BSA 2023: Presumption as to Due Execution of Documents Not Produced
Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the legal presumption that arises when a document has been called for but is not produced after notice to produce. In that situation, the Court shall presume that the document was attested, stamped and executed in the manner required by law.
Law: Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023) | In force from: 1 July 2024 | Updated: 13 September 2026
Section 91 - Statutory Text
"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."
Meaning and Scope of Section 91
The provision creates a statutory presumption about the formal due execution of a document when a person who has been required to produce it fails to do so after notice. The presumption concerns matters such as attestation, stamping and execution in the manner required by law.
The expression "shall presume" is defined in Section 2(1)(l) of the Bharatiya Sakshya Adhiniyam, 2023. When the Adhiniyam directs that the Court shall presume a fact, the Court must regard that fact as proved unless and until it is disproved. Therefore, the presumption under Section 91 is mandatory once the statutory conditions for its operation are satisfied, but it remains rebuttable.
Conditions for Applying Section 91
- A particular document must have been called for in the proceeding.
- There must have been notice to produce the document.
- The document must not have been produced after such notice.
- Once these conditions are met, the Court shall presume due attestation, stamping and execution in the manner required by law.
- The presumption can be displaced by evidence showing that the presumed fact is not correct.
What Does the Court Presume?
| Aspect | Effect of Section 91 |
|---|---|
| Attestation | The Court presumes that any attestation legally required for the document was duly made. |
| Stamping | The Court presumes that the document was stamped in the manner required by law. |
| Execution | The Court presumes that the document was executed in the legally required manner. |
| Nature of presumption | It is a "shall presume" rule: the fact is treated as proved unless disproved. |
Connection with Notice to Produce and Secondary Evidence
Section 91 should be read in the wider scheme governing proof of documents. Section 60 of the BSA identifies circumstances in which secondary evidence relating to documents may be given, including where an original is in the possession or power of another person and is not produced after the notice referred to in Section 64. Section 91 deals specifically with the presumption as to the formal due execution of a document that is called for but not produced after notice.
Practical Point
Section 91 does not state that every disputed fact contained in an unproduced document automatically becomes true. Its text is directed to the document having been attested, stamped and executed in the manner required by law. Questions concerning relevance, admissibility, contents and evidentiary weight remain subject to the other applicable provisions of the BSA and the facts of the case.
Section 91 in Simple Terms
If a party is properly required to produce a document and does not produce it after notice, the law prevents that non-production from being used to defeat proof merely on formal grounds. The Court must presume, unless disproved, that the document was duly attested, stamped and executed as required by law.
Official Sources
For the authoritative statutory text and current Act details, refer to the Bharatiya Sakshya Adhiniyam, 2023 on India Code. The Central Government notification appointing 1 July 2024 as the date of commencement is available through the Ministry of Home Affairs commencement notification.
Related BSA Provisions
Continue with Section 92 - Presumption as to documents thirty years old and Section 93 - Presumption as to electronic records five years old.