Law4u - Made in India

What Is BSA Section 91?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 91: Presumption as to due execution, etc., of documents not produced

The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.

Brefe Detail

Section 91 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a presumption regarding documents that have been requested but not presented in court. This section assumes that such documents have been properly attested, stamped, and executed according to legal requirements, reinforcing the integrity of the documentation process.

Question & Answers

Q1: What does Section 91 state about documents not produced in court?

A1: It states that the Court shall presume that every document called for and not produced after notice was attested, stamped, and executed as required by law.

Q2: Under what condition does this presumption apply?

A2: The presumption applies when a document is requested by the court and not presented after notice to produce it.

Q3: Why is this presumption important?

A3: This presumption is important because it helps maintain the assumption of proper legal processes and the integrity of documents in legal proceedings, even if the documents are not available for examination.

Example

  • If a court requests a contract and the party fails to produce it after receiving notice, the Court may assume that the contract was properly signed and executed according to the law.
  • In a property dispute, if a deed is called for but not produced, the Court will presume that the deed was properly attested and stamped as per legal requirements.

Summary

Section 91 of the Bhartiya Sakshya Adhiniyam, 2023 allows the Court to presume that any document requested and not produced after notice has been duly executed, attested, and stamped. This presumption supports the integrity of legal documentation and the judicial process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Dharnidhar Pandey

Advocate Dharnidhar Pandey

Civil, Criminal, Family, High Court, Property

Get Advice
Advocate Gorav Momiya

Advocate Gorav Momiya

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident

Get Advice
Advocate Prakash Nivrutti Tajanpure.( Ex.judge)

Advocate Prakash Nivrutti Tajanpure.( Ex.judge)

Medical Negligence,Cheque Bounce,Family,Divorce,Criminal,

Get Advice
Advocate Bhagaram Godara ( Bhavesh Godara)

Advocate Bhagaram Godara ( Bhavesh Godara)

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant

Get Advice
Advocate Niladri Shekhar Pal

Advocate Niladri Shekhar Pal

Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Sudhakar Kumar

Advocate Sudhakar Kumar

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Prasanna Kumar Dash

Advocate Prasanna Kumar Dash

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Divorce, High Court, Landlord & Tenant, Supreme Court, Wills Trusts, Revenue, Family, Court Marriage, Domestic Violence

Get Advice
Advocate Ashwini Kumar

Advocate Ashwini Kumar

Civil, Arbitration, Anticipatory Bail, Criminal, Domestic Violence

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.