Section 244 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 244 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 states:
"Presumption as to powers-of-attorney.
The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated."
📘 Explanation:
This section creates a legal presumption in favor of powers of attorney documents that meet specific formalities. Here's a breakdown:
✅ Presumption Created:
The court will automatically assume the authenticity of a power-of-attorney document if:
It appears to be a power-of-attorney, and
It has been executed before and authenticated by any of the following:
A Notary Public
A Court, Judge, or Magistrate
An Indian Consul, Vice-Consul, or
A representative of the Central Government
⚖️ Implication:
The burden of proof shifts to the party challenging the document to show it is not authentic.
This helps in streamlining legal processes involving powers of attorney, especially in property and legal representation matters.
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