Presumptions regarding documents play a crucial role under the Indian Evidence Act, 1872. These statutory presumptions help courts treat certain documents as genuine unless proven otherwise. They reduce the burden on parties and speed up judicial proceedings. Presumptions may be mandatory (shall presume) or discretionary (may presume), and they are found in Sections 79 to 90A of the Act. These provisions are vital in cases involving public documents, certified copies, digital records, old documents, powers of attorney, electronic signatures, and foreign documents. Understanding these presumptions helps lawyers and students appreciate how documentary evidence is assessed in Indian courts.
Presumption as to Certified Copies (Sections 79–81)
Sections 79 to 81 deal with presumptions that simplify the use of certified and public documents. Under Section 79, courts shall presume the genuineness of certified copies issued by public officers such as judicial authorities, revenue departments, or registrars. This prevents unnecessary verification and speeds up evidence admission.
Section 80 gives a mandatory presumption regarding documents produced as evidence of a witness’s examination in previous judicial proceedings. Courts presume that such documents are genuine and accurately recorded.
Under Section 81, courts may presume the authenticity of the Government Gazette, official newspapers, and journals. These documents are treated as reliable sources since they are officially published. This presumption is discretionary but usually applied because such documents come from authoritative sources.
Presumption as to Maps, Plans, and Telegraphic Messages (Sections 83–87)
Section 83 deals with maps and plans made by public authority. Courts presume their accuracy unless contested. This helps in land disputes, boundary matters, and municipal planning issues.
Section 84 concerns certified copies of public documents and allows courts to presume that certified entries are true reproductions. Similarly, Section 85 establishes a mandatory presumption regarding powers of attorney authenticated before a notary or magistrate. Courts treat such documents as duly executed unless evidence proves otherwise.
Section 86 concerns foreign judicial records. Courts may presume their genuineness if certified by competent authority abroad. This is particularly important in cross-border transactions and international disputes.
Section 87 relates to telegraphic messages. Courts may presume that a telegraphic message was delivered as transmitted, but not necessarily that the person who sent it actually authored the content.
Presumptions Specific to Digital and Electronic Documents (Sections 85A–90A)
The emergence of digital communication has led to new presumptions under the Evidence Act. Section 85A creates a presumption for electronic agreements, affirming the legitimacy of electronic contracts signed with electronic signatures.
Section 85B provides presumptions relating to electronic records, establishing that electronic signatures affixed in accordance with the IT Act are valid. It also presumes the integrity of secure electronic records unless tampered with.
Section 85C concerns presumption as to certificates issued by certifying authorities (such as digital signature certificates). Courts presume their correctness unless disproved.
Section 88A deals with presumption as to electronic messages such as emails. Courts may presume that the message was sent by the originator’s device but not that the originator actually sent it.
Section 90A applies to electronic records that are five years old. Courts may presume their authenticity if produced from proper custody, similar to the presumption for 30-year-old documents under Section 90.
Presumption as to Books of Accounts and Old Documents (Sections 88–90)
Section 88 allows courts to presume the authenticity of certified documents, while Section 89 deals with lost documents and presumes they were validly executed if proven to have existed.
Section 90 is the famous presumption regarding 30-year-old documents. If a document older than 30 years is produced from proper custody, courts may presume that it is genuine and properly executed. This is extremely valuable in property disputes involving ancestral documents, wills, or revenue records. However, the presumption is discretionary and does not apply blindly; the court must be satisfied about proper custody and absence of suspicious circumstances.
Significance of Presumptions as to Documents in Judicial Practice
These presumptions operate to streamline trials and ease evidentiary burdens. Without such rules, litigants would be forced to bring numerous witnesses to authenticate every official or old document. The Indian Evidence Act balances judicial efficiency and fairness by allowing presumptions while keeping them rebuttable unless expressly stated otherwise.
These provisions ensure that courts focus on real disputes rather than procedural hurdles. They also help protect official documents from unnecessary skepticism. With the digital era, new presumptions concerning electronic documents ensure smooth functioning of e-commerce, online communication, and digital government services.
Mnemonic to Remember Presumptions as to Documents – “CAMPED OLD GEO”
C – Certified copies (Sec 79)
A – Agreements electronic (Sec 85A)
M – Maps and plans (Sec 83)
P – Powers of attorney (Sec 85)
E – Electronic records & signatures (Sec 85B, 85C)
D – Digital messages (Sec 88A)
O – Official Gazettes (Sec 81)
L – Lost documents presumption (Sec 89)
D – Documents 30 years old (Sec 90)
G – Government publications (Sec 81)
E – Electronic records 5 years old (Sec 90A)
O – Overseas judicial records (Sec 86)
“CAMPED OLD GEO” covers all key document presumptions.
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Enhance your understanding of documentary evidence with our detailed explanation of Presumptions Regarding Documents under Sections 79–90A of the Evidence Act on Lawgana.in. Learn how courts treat certified copies, public documents, powers of attorney, foreign records, electronic signatures, emails, and old documents as reliable unless disproved. These presumptions save time, reduce evidentiary burdens, and ensure smooth functioning of judicial proceedings. Whether you are a law student, judiciary aspirant, or practicing advocate, our simplified notes, real-life illustrations, and mnemonic “CAMPED OLD GEO” will help you master this crucial topic. Visit Lawgana.in for more expert legal content.
