Section 92 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 92 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in English:
Section 92 – Presumption as to Documents Thirty Years Old
Text of Section 92:
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.
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.
Key Aspects of Section 92
Applicability to Documents Over Thirty Years Old:
This section applies to documents that are either:
Proven to be thirty years old.
Purport to be thirty years old.
Proper Custody:
The document must be produced from a custody that the court considers proper.
"Proper custody" refers to the document being in the place in which, and looked after by the person with whom, such document is required to be kept.
No custody is improper if it is proved to have had a legitimate origin or if the circumstances of the particular case are such as to render that origin probable.(
Presumptions by the Court:
The court may presume:
The signature and every part of the document in the handwriting of a particular person is indeed in that person's handwriting.
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.
Discretion of the Court:
The use of the term "may presume" indicates that the court has discretion in deciding whether to raise these presumptions.
The court is not obligated to accept the presumptions and can require additional evidence to establish the authenticity of the document.
Illustrations
To better understand the application of Section 92, consider the following examples:
Example 1:
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.(
A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.
Example 3:
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.
These examples illustrate situations where documents over thirty years old, produced from proper custody, may lead the court to presume their authenticity and due execution.
Importance of Section 92
Facilitates the Use of Old Documents:
Section 92 allows for the use of documents that are over thirty years old without the need for extensive proof of their authenticity, provided they are in proper custody.
Reduces the Burden of Proof:
By permitting certain presumptions, this section reduces the burden on parties to prove the authenticity of old documents, streamlining legal proceedings.
Ensures Legal Certainty:
The section provides a framework for courts to assess the authenticity of aged documents, ensuring consistency and fairness in legal determinations.
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