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

Section 90: Presumption as to documents thirty years old

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

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.––Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but 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 such an origin probable.

This Explanation applies also to section 81.

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 is proper.

(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is 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 is proper.

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

90. Presumption as to documents thirty years old.

BSA 92

Questions on this section

3 questions in 15 of our papers cite Section 90. Try these from the free papers:

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. 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 Criminal Law