Section 91 – Bharatiya Sakshya Adhiniyam (BSA) – Presumption As To Due Execution, Etc., Of Documents Not Produced.

Code: Section 91 – Bharatiya Sakshya Adhiniyam, 2023

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.

Explanation of Section 91 BSA

Section 91 of the Bharatiya Sakshya Adhiniyam (BSA) deals with the presumption regarding documents that are requested by the court but are not produced by the party after notice to do so. This section aims to maintain fairness and prevent a party from withholding critical evidence.

Key Provisions:

1. Presumption of Legal Execution and Attestation:

   • When a document is requested by the court (called for) and the party fails to produce it despite being given notice, the court will presume that the document was attested, stamped, and executed in the manner required by law.

2. Implication of Non-Production:

   • The failure to produce the document after notice can lead to the court presuming that the document would have supported the opposite party’s case or that the document is in the form required by law.

This section emphasizes the importance of producing documents when called for and ensures that a party does not benefit from withholding documents that could be crucial to the case.

Illustration

Example 1: Failure to Produce a Contract

In a case involving the validity of a contract, the court may call for the original signed contract. If the opposing party fails to produce the contract after being notified, the court may presume that the document was properly attested, stamped, and executed according to legal requirements, and may draw an adverse inference against the party failing to produce it.

Example 2: Evidence in a Property Dispute

In a property dispute, a party may be asked to produce the deed of sale. If the party fails to produce the document despite a notice, the court will presume that the deed was properly executed, attested, and stamped as per the law, potentially leading to an adverse judgment.

Common Questions and Answers on Section 91 BSA

1. What does Section 91 BSA presuppose about a document not produced in court?

Section 91 presumes that a document, once requested by the court and not produced, was attested, stamped, and executed as per the legal requirements.

2. What happens if a document is not produced after notice?

If a document is not produced after being requested by the court, the court will make a presumption that it was legally executed and complies with all necessary legal formalities.

3. Can the presumption of legal execution be challenged?

Yes, the presumption can be contested if the party provides evidence to show that the document was not properly executed or does not meet the legal requirements.

4. Why is Section 91 BSA important in legal proceedings?

Section 91 helps prevent parties from withholding documents that could be vital to a case. It ensures fairness and discourages the concealment of evidence.

5. What type of documents does Section 91 apply to?

Section 91 applies to any document requested by the court and not produced after notice. It is especially relevant in cases where the production of documents could significantly affect the outcome of the case.

Conclusion

Section 91 of the Bharatiya Sakshya Adhiniyam (BSA) ensures that documents, when requested by the court, are presumed to have been executed and attested in accordance with the law if they are not produced despite notice. This presumption is a safeguard against parties withholding essential documents, ensuring transparency and fairness in legal proceedings.

For further details on the BSA and related provisions, visit ApniLaw.