Meaning and Legal Basis
Presumptions as to documents refer to the legal inferences that courts are permitted or required to draw regarding the authenticity or validity of documents. Under the Indian Evidence Act, 1872 (Sections 79–90), certain documents carry built-in presumptions because they are created or preserved in a manner that inspires trust. These presumptions may be mandatory (shall presume) or discretionary (may presume). They help courts avoid unnecessary proof of routine or official documents, thereby speeding up judicial proceedings and ensuring efficiency.
Types of Presumptions under the Evidence Act
The Act provides several specific presumptions:
- Section 79: Presumption of genuineness of certified copies.
- Section 80: Presumption about documents produced as record of evidence.
- Section 81: Presumption regarding Gazette, newspapers, and government acts.
- Section 82: Presumption for documents admissible under English Law (rare today).
- Section 85–85B: Presumptions regarding powers of attorney, electronic signatures, and electronic records.
- Section 89: Presumption for documents that were once in official custody but lost.
- Section 90: Presumption as to ancient documents (30 years old).
These presumptions reduce the burden on parties by assuming authenticity unless disproved.
Evidentiary Significance
Presumptions as to documents ease the process of proving the genuineness, authorship, and validity of documents. Once a statutory presumption applies, the burden shifts to the opposing party to rebut it with credible evidence. However, these presumptions are not conclusive proof; they only facilitate the evidentiary burden. Courts still examine surrounding circumstances, especially in cases involving fraud, misrepresentation, or disputed signatures. Presumptions ensure reliability and smooth functioning of judicial processes, particularly in cases involving official records, electronic data, or old documents.
Real-Time Example
A certified copy of a sale deed is produced in court. Under Section 79, the court shall presume that the certified copy is genuine and accurately represents the original document issued by the registrar. The party producing it does not need to call the registrar as a witness. The opposing party must produce strong evidence to challenge its authenticity. This presumption helps expedite land dispute cases where original documents may be unavailable.
Mnemonic to Remember
Mnemonic: “P-R-E-S-U-M-E”
- P – Presumed genuine (certified copies)
- R – Records of courts accepted (S.80)
- E – Executive documents like Gazette presumed (S.81)
- S – Signatures and powers of attorney presumed (S.85)
- U – Used for electronic records too (S.85A–85B)
- M – Missing official documents presumed proper (S.89)
- E – Elder documents (30+ years) presumed valid (S.90)
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