What Is BSA Section 84?

Bhartiya Sakshya Adhiniyam, 2023 - Section 84: 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.

Brefe Detail

Section 84 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a legal presumption regarding powers of attorney. It asserts that any document claiming to be a power of attorney, executed and authenticated by recognized authorities, is presumed valid unless proven otherwise.

Question & Answers

Q1: What does Section 84 of the Bhartiya Sakshya Adhiniyam, 2023 state about powers of attorney?

A1: It states that the Court shall presume that every document purporting to be a power-of-attorney, executed and authenticated by designated authorities, is valid.

Q2: Who can authenticate a power of attorney according to this section?

A2: A power of attorney can be authenticated by a Notary Public, any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government.

Q3: What is the significance of this presumption in legal proceedings?

A3: This presumption simplifies the verification process for powers of attorney, allowing them to be accepted as valid documents unless challenged.

Example

• A legal document claiming to be a power of attorney is presented, stating it was executed before a Notary Public. The court will presume it is valid unless evidence shows otherwise.
• In a business transaction, a power of attorney is authenticated by an Indian Consul. The court accepts this document as genuine based on the presumption established in Section 84.

Summary

Section 84 of the Bhartiya Sakshya Adhiniyam, 2023 provides a presumption of validity for documents purporting to be powers of attorney, which are executed and authenticated by recognized authorities. This presumption aids in legal proceedings by reducing the need for extensive verification of such documents.