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: The Explanation to section 80 shall also apply to this section.
Illustrations:
Section 92 of the Bhartiya Sakshya Adhiniyam, 2023 addresses the presumption regarding the authenticity of documents that are thirty years old. When such a document is presented from a custody deemed appropriate by the Court, it is presumed that the handwriting and signatures are genuine. This section helps establish the validity of older documents, especially in legal disputes regarding property or ownership.
A1: It states that the Court may presume the authenticity of the signature and handwriting of any document that is thirty years old, provided it is produced from a proper custody.
A2: The presumption applies when the document is produced from custody that the Court considers proper.
A3: The signature and other parts of the document must purport to be in the handwriting of a specific person, and it must be shown that the document was duly executed and attested by the relevant parties.
Section 92 of the Bhartiya Sakshya Adhiniyam, 2023 establishes a legal presumption of authenticity for documents that are thirty years old, provided they are presented from custody deemed appropriate by the Court. This section reinforces the credibility of older documents, particularly in disputes concerning property rights and ownership.
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