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PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE · Presumptions as to documents

Section 92: Presumption as to documents thirty years old

The 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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

9290. Presumption as to documents thirty years old.

Questions on this section

4 questions in 17 of our papers cite Section 92. Try these from the free papers:

  1. 1. Match List I (presumption) with List II (section of the BSA): List I A. Presumption as to documents thirty years old B. Presumption as to electronic records five years old C. Presumption as to electronic messages D. Presumption as to powers-of-attorney List II 1. Section 84 2. Section 90 3. Section 92 4. Section 93

  2. 2. In a title suit, A produces a sale deed more than thirty years old relating to land that is in B's possession. A proves that B, his relative, had deposited the deed with him for safe custody. For the purpose of the presumption under Section 92 of the BSA, the custody of the deed with A is:

Practise questions on Bharatiya Sakshya Adhiniyam