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CHAPTER V.––OF DOCUMENTARY EVIDENCE · PRESUMPTIONS AS TO DOCUMENTS

Section 85: Presumption as to powers-of-attorney

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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, 1[Indian] Consul or Vice-Consul, or representative 2*** of the 3[Central Government], was so executed and authenticated.

Footnotes in the official text

  1. 1.Subs. by the A.O. 1950, for “British”.
  2. 2.The Words “of Her Majesty, or” Rep. by ibid.
  3. 3.Subs. by the A.O. 1937, for “Government of India”.

Now in the BSA

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

85. Presumptions as to powers-of-attorney.BSA 84

Questions on this section

2 questions in 15 of our papers cite Section 85. 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. Which of the following presumptions contained in the Indian Evidence Act, 1872 has NO corresponding provision in the BSA?

Practise questions on Criminal Law