What Is BSA Section 91?

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.