Code: Section 92 – Bharatiya Sakshya Adhiniyam, 2023
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
a document executed or attested, that it was duly executed and attested by the persons by
whom it purports to be executed and attested.
Explanation.—The Explanation to section 80 shall also apply to this section.
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 shall be proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The
mortgagor is in possession. The custody shall be proper.
(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 shall be proper.
Explanation of Section 92 BSA
Section 92 of the Bharatiya Sakshya Adhiniyam (BSA) deals with the presumption regarding documents that are thirty years old. If such a document is produced from custody that the court considers appropriate, the court may make certain presumptions about its authenticity, including the handwriting and signatures of individuals involved.
Key Provisions:
- Presumption Regarding Age of Document:
- If a document is at least thirty years old and is produced from what the court deems proper custody, the court may presume that the handwriting in the document is that of the person it purports to be from.
- Presumption of Execution and Attestation:
- In the case of documents that have been executed or attested, the court may also presume that these actions were properly carried out by the individuals who are named in the document.
- Proper Custody:
- The key requirement for this presumption is that the document must be produced from “proper custody.” The court will decide what constitutes proper custody on a case-by-case basis.
This section provides a presumption of authenticity to old documents, which can be crucial in legal cases where such documents play a key role in establishing evidence or titles.
Illustration
Example 1: Property Ownership
A person (A) has been in possession of land for a long time. A produces deeds from his custody showing his title to the property. Since the deeds are over thirty years old and are in proper custody, the court may presume that the signatures and the contents of the documents are authentic.
Example 2: Mortgage Deeds
A person (A) produces mortgage deeds relating to land where he is the mortgagee, but the mortgagor is in possession. The court finds that the deeds are over thirty years old and were in A’s custody. The court may presume that the document was executed and attested properly, as per the names on the document.
Example 3: Safe Custody of Documents
A, who is related to B, produces deeds that relate to lands in B’s possession. B deposited these deeds with A for safe custody. If these documents are thirty years old, the court may find that the custody is proper and presume the documents are authentic, based on the presumed handwriting and execution.
Common Questions and Answers on Section 92 BSA
1. What presumption does Section 92 BSA make about thirty-year-old documents?
Section 92 presumes that the handwriting in a thirty-year-old document is that of the person it purports to be from. It also presumes that the document was duly executed and attested by the individuals named in it.
2. What is meant by “proper custody” of a document?
“Proper custody” refers to the secure possession or control of the document by an individual or entity that the court deems appropriate. The court will assess whether the person producing the document had lawful and secure custody of it.
3. Does the presumption apply to all old documents?
No, the presumption applies specifically to documents that are at least thirty years old and produced from proper custody.
4. Can the presumption be challenged?
Yes, the presumption can be challenged by presenting evidence that disputes the authenticity of the document, such as evidence that the document was forged or not properly executed.
5. What is the significance of this presumption in legal proceedings?
This presumption helps establish the authenticity of old documents, which can be crucial in cases involving property disputes, inheritance, and historical records. It reduces the need for parties to provide extensive evidence to prove the authenticity of long-standing documents.
Conclusion
Section 92 of the Bharatiya Sakshya Adhiniyam (BSA) provides a presumption of authenticity for documents that are thirty years old, as long as they are produced from proper custody. This presumption helps streamline legal proceedings, especially in cases where old documents are vital to proving claims or rights. By simplifying the process of verifying such documents, this section ensures that justice can be more efficiently delivered.
For more details on BSA and its provisions, visit ApniLaw.
