1. Short title, extent and commencement.—This
Act may be called the Indian Evidence Act, 1872. tc "1. Short title,
extent and commencement.—This Act may be called the Indian Evidence Act,
1872." It extends to the whole of India 1[except the State of Jammu and Kashmir] and
applies to all judicial proceedings in or before any Court, including
Courts-martial, 2[other than Courts-martial convened under the Army Act]
(44 & 45 Vict., c. 58) 3[the Naval Discipline Act (29 & 30
Vict., c. 109) or 4[***] the Indian Navy (Discipline) Act, 1934 (34 of
1934)5 6[or the Air Force Act] (7 Geo. 5, c. 51) but not to affidavits
7presented to any Court or Officer, nor to proceedings before an
arbitrator; tc "It extends to the whole of India 2[except the State of
Jammu and Kashmir] and applies to all judicial proceedings in or before
any Court, including Courts-martial, 3[other than Courts-martial
convened under the Army Act] (44 & 45 Vict., c. 58) 4[the Naval
Discipline Act (29 & 30 Vict., c. 109) or 5[***] the Indian Navy
(Discipline) Act, 1934 (34 of 1934)6 7[or the Air Force Act] (7 Geo. 5,
c. 51) but not to affidavits 8presented to any Court or Officer, nor to
proceedings before an arbitrator;" and it shall come into force on the
first day of September, 1872. tc "and it shall come into force on the
first day of September, 1872."
5. Evidence may be given of facts in issue and relevant facts.—Evidence
may be given in any suit or proceedings of the existence or
non-existence of every fact in issue and of such other facts as are
hereinafter declared to be relevant, and of no others. tc "5. Evidence
may be given of facts in issue and relevant facts.—Evidence may be given
in any suit or proceedings of the existence or non-existence of every
fact in issue and of such other facts as are hereinafter declared to be
relevant, and of no others." Explanation.—This section shall not enable
any person to give evidence of a fact which he is disentitled to prove
by any provision of the law for the time being in force relating to
Civil Procedure1. tc "Explanation.—This section shall not enable any
person to give evidence of a fact which he is disentitled to prove by
any provision of the law for the time being in force relating to Civil
Procedure1." Illustrations
(a) A
is tried for the murder of B by beating him with a club with the
intention of causing his death. At A’s trial the following facts are in
issue:— A’s beating B with the club; A’s causing B’s death by such
beating; A’s intention to cause B’s death.
(b) A
suitor does not bring with him, and have in readiness for production at
the first hearing of the case, a bond on which he relies. This section
does not enable him to produce the bond or prove its contents at a
subsequent stage of the proceedings, otherwise than in accordance with
the conditions prescribed by the Code of Civil Procedure.
6. Relevancy of facts forming part of same transaction.—Facts
which, though not in issue, are so connected with a fact in issue as to
form part of the same transaction, are relevant, whether they occurred
at the same time and place or at different times and places. tc "6.
Relevancy of facts forming part of same transaction.—Facts which, though
not in issue, are so connected with a fact in issue as to form part of
the same transaction, are relevant, whether they occurred at the same
time and place or at different times and places." Illustrations
(a) A
is accused of the murder of B by beating him. Whatever was said or done
by A or B or the by-standers at the beating, or so shortly before or
after it as to form part of the transaction, is a relevant fact.
(b) A
is accused of waging war against the 1[Government of India] by taking
part in an armed insurrection in which property is destroyed, troops are
attacked, and goals are broken open. The occurrence of these facts is
relevant, as forming part of the general transaction, though A may not
have been present at all of them.
(c) A
sues B for a libel contained in a letter forming part of a
correspondence. Letters between the parties relating to the subject out
of which the libel arose, and forming part of the correspondence in
which it is contained, are relevant facts, though they do not contain
the libel itself.
(d) The
question is, whether certain goods ordered from B were delivered to A.
The goods were delivered to several intermediate persons successively.
Each delivery is a relevant fact.
7. Facts which are the occasion, cause or effect of facts in issue.—Facts
which are the occasion, cause, or effect, immediate or otherwise, of
relevant facts, or facts in issue, or which constitute the state of
things under which they happened, or which afforded an opportunity for
their occurrence or transaction, are relevant. tc "7. Facts which are
the occasion, cause or effect of facts in issue.—Facts which are the
occasion, cause, or effect, immediate or otherwise, of relevant facts,
or facts in issue, or which constitute the state of things under which
they happened, or which afforded an opportunity for their occurrence or
transaction, are relevant." Illustrations
(a) The
question is, whether A robbed B. The facts that, shortly before the
robbery, B went to a fair with money in his possession, and that he
showed it, or mentioned the fact that he had it, to third persons, are
relevant.
(b) The
question is, whether A murdered B. Marks on the ground, produced by a
struggle at or near the place where the murder was committed, are
relevant facts.
(c) The
question is, whether A poisoned B. The state of B’s health before the
symptoms ascribed to poison, and habits of B, known to A, which afforded
an opportunity for the administration of poison, are relevant facts.
8. Motive, preparation and previous or subsequent conduct.—Any
fact is relevant which shows or constitutes a motive or preparation for
any fact in issue or relevant fact. tc "8. Motive, preparation and
previous or subsequent conduct.—Any fact is relevant which shows or
constitutes a motive or preparation for any fact in issue or relevant
fact." The conduct of any party, or of any agent to any party, to any
suit or proceeding, in reference to such suit or proceeding, or in
reference to any fact in issue therein or relevant thereto, and the
conduct of any person an offence against whom is the subject of any
proceeding, is relevant, if such conduct influences or is influenced by
any fact in issue or relevant fact, and whether it was previous or
subsequent thereto. tc "The conduct of any party, or of any agent to any
party, to any suit or proceeding, in reference to such suit or
proceeding, or in reference to any fact in issue therein or relevant
thereto, and the conduct of any person an offence against whom is the
subject of any proceeding, is relevant, if such conduct influences or is
influenced by any fact in issue or relevant fact, and whether it was
previous or subsequent thereto." Explanation 1.—The word “conduct” in
this section does not include statements, unless those statements
accompany and explain acts other than statements; but this explanation
is not to affect the relevancy of statements under any other section of
this Act. tc "Explanation 1.—The word “conduct” in this section does not
include statements, unless those statements accompany and explain acts
other than statements; but this explanation is not to affect the
relevancy of statements under any other section of this Act."
Explanation 2.—When the conduct of any person is relevant, any statement
made to him or in his presence and hearing, which affects such conduct,
is relevant. tc "Explanation 2.—When the conduct of any person is
relevant, any statement made to him or in his presence and hearing,
which affects such conduct, is relevant." Illustrations
(a) A
is tried for the murder of B. The facts that A murdered C, that B knew
that A had murdered C, and that B had tried to extort money from A by
threatening to make his knowledge public, are relevant.
(b) A
sues B upon a bond for the payment of money. B denies the making of the
bond. The fact that, at the time when the bond was alleged to be made, B
required money for a particular purpose is relevant.
(c) A
is tried for the murder of B by poison. The fact that, before the death
of B, A procured poison similar to that which was administered to B, is
relevant.
(d) The
question is, whether a certain document is the Will of A. The facts
that, not long before the date of the alleged Will, A made inquiry into
matters to which the provisions of the alleged Will relate, that he
consulted vakils in reference to making the Will, and that he caused
drafts or other Wills to be prepared of which he did not approve, are
relevant.
(e) A
is accused of a crime. The facts that, either before or at the time of,
or after the alleged crime, A provided evidence which would tend to
give to the facts of the case an appearance favourable to himself, or
that he destroyed or concealed evidence, or prevented the presence or
procured the absence of persons who might have been witnesses, or
suborned persons to give false evidence respecting it, are relevant.
(f) The
question is, whether A robbed B. The facts that, after B was robbed, C
said in A’s presence—"the police are coming to look for the man who
robbed B”, and that immediately afterwards A ran away, are relevant.
(g) The
question is, whether A owes B rupees 10,000. The facts that A asked C
to lend him money, and that D said to C in A’s presence and hearing—“I
advise you not to trust A, for he owes B 10,000 Rupees”, and that A went
away without making any answer, are relevant facts.
(h) The
question is, whether A committed a crime. The fact that A absconded
after receiving a letter warning him that inquiry was being made for the
criminal and the contents of the letter, are relevant.
(i) A
is accused of a crime. The facts that, after the commission of the
alleged crime, he absconded, or was in possession of property or the
proceeds of property acquired by the crime, or attempted to conceal
things which were or might have been used in committing it, are
relevant.
(j) The
question is, whether A was ravished. The facts that, shortly after the
alleged rape, she made a complaint relating to the crime, the
circumstances under which, and the terms in which, the complaint was
made, are relevant. The fact that, without making a complaint, she said
that she had been ravished is not relevant as conduct under this
section, though it may be relevant as a dying declaration under section
32, clause (1), or as corroborative evidence under section 157.
(k) The
question is, whether A was robbed. tc "(k) The question is, whether A
was robbed." The fact that, soon after the alleged robbery, he made a
complaint relating to the offence, the circumstances under which, and
the terms in which, the complaint was made, are relevant. The fact that
he said he had been robbed, without making any complaint, is not
relevant, …
56. Fact judicially noticeable need not be proved.—No
fact of which the Court will take judicial notice need to be proved. tc
"56. Fact judicially noticeable need not be proved.—No fact of which
the Court will take judicial notice need to be proved."
57. Facts of which Court must take judicial notice.—The Court shall take judicial notice of the following facts:— 1[
(1) All laws in force in the territory of India;]
(2) All
public Acts passed or hereafter to be passed by Parliament 2[of the
United Kingdom], and all local and personal Acts directed by Parliament
2[of the United Kingdom] to be judicially noticed;
(3) Articles
of War for 3[the Indian] Army, 4[Navy or Air Force]; 5[(4) The course
of proceeding of Parliament of the United Kingdom, of the Constituent
Assembly of India, of Parliament and of the legislatures established
under any law for the time being in force in a Province or in the
State;]
(5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland;
(6) All
seals of which English Courts take judicial notice: the seals of all
the 6[Courts in 7[India]], and all Courts out of 5[India] established by
the authority of 8[the Central Government or the Crown Representative]:
the seals of Courts of Admiralty and Maritime Jurisdiction and of
Notaries Public, and all seals which any person is authorized to use by
9[the Constitution or an Act of Parliament of the United Kingdom or an]
Act or Regulation having the force of law in 7[India];
(7) The
accession to office, names, titles, functions, and signatures of the
persons filling for the time being any public office in any State, if
the fact of their appointment to such office is notified in 10[any
Official Gazette];
(8) The existence, title and national flag of every State or Sovereign recognized by 11[the Government of India];
(9) The
divisions of time, the geographical divisions of the world, and public
festivals, fasts and holidays notified in the Official Gazette;
(10) The territories under the dominion of 11[the Government of India];
(11) The
commencement, continuance, and termination of hostilities between
11[the Government of India] and any other State or body of persons;
(12) The
names of the members and officers of the Court and of their deputies
and subordinate officers and assistants, and also of all officers acting
in execution of its process, and of all advocates, attorneys, proctors,
vakils, pleaders and other persons authorized by law to appear or act
before it;
(13) The
rule of the road, 12[on land or at sea]. In all these cases, and also
on all matters of public history, literature, science or art, the Court
may resort for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any
fact, it may refuse to do so, unless and until such person produces any
such book or document as it may consider necessary to enable it to do
so.
58 Facts admitted need not be proved. —No
fact need to be proved in any proceeding which the parties thereto or
their agents agree to admit at the hearing, or which, before the
hearing, they agree to admit by any writing under their hands, or which
by any rule of pleading in force at the time they are deemed to have
admitted by their pleadings: Provided that the Court may, in its
discretion, require the facts admitted to be proved otherwise than by
such admissions.
59. Proof of facts by oral evidence.—All
facts, except the 1[contents of documents or electronic records], may
be proved by oral evidence. tc "59. Proof of facts by oral evidence.—All
facts, except the 1[contents of documents or electronic records], may
be proved by oral evidence."
60. Oral evidence must be direct.—Oral
evidence must, in all cases whatever, be direct; that is to say— tc
"60. Oral evidence must be direct.—Oral evidence must, in all cases
whatever, be direct; that is to say—" If it refers to a fact which could
be seen, it must be the evidence of a witness who says he saw it; tc"
If it refers to a fact which could be seen, it must be the evidence of a
witness who says he saw it;" If it refers to a fact which could be
heard, it must be the evidence of a witness who says he heard it; tc" If
it refers to a fact which could be heard, it must be the evidence of a
witness who says he heard it;" If it refers to a fact which could be
perceived by any other sense or in any other manner, it must be the
evidence of a witness who says he perceived it by that sense or in that
manner; tc" If it refers to a fact which could be perceived by any other
sense or in any other manner, it must be the evidence of a witness who
says he perceived it by that sense or in that manner;" If it refers to
an opinion or to the grounds on which that opinion is held, it must be
the evidence of the person who holds that opinion on those grounds: tc"
If it refers to an opinion or to the grounds on which that opinion is
held, it must be the evidence of the person who holds that opinion on
those grounds\:" Provided that the opinions of experts expressed in any
treatise commonly offered for sale, and the grounds on which such
opinions are held, may be proved by the production of such treatises if
the author is dead or cannot be found, or has become incapable of giving
evidence, or cannot be called as a witness without an amount of delay
or expense which the Court regards as unreasonable: tc "Provided that
the opinions of experts expressed in any treatise commonly offered for
sale, and the grounds on which such opinions are held, may be proved by
the production of such treatises if the author is dead or cannot be
found, or has become incapable of giving evidence, or cannot be called
as a witness without an amount of delay or expense which the Court
regards as unreasonable\:" Provided also that, if oral evidence refers
to the existence or condition of any material thing other than a
document, the Court may, if it thinks fit, require the production of
such material thing for its inspection.
61. Proof of contents of documents.—The
contents of documents may be proved either by primary or by secondary
evidence. tc "61. Proof of contents of documents.—The contents of
documents may be proved either by primary or by secondary evidence."
62. Primary evidence.—Primary
evidence means the document itself produced for the inspection of the
Court. tc "62. Primary evidence.—Primary evidence means the document
itself produced for the inspection of the Court." Explanation 1.—Where a
document is executed in several parts, each part is primary evidence of
the document; tc "Explanation 1.—Where a document is executed in
several parts, each part is primary evidence of the document;" Where a
document is executed in counterpart, each counterpart being executed by
one or some of the parties only, each counterpart is primary evidence as
against the parties executing it. tc "Where a document is executed in
counterpart, each counterpart being executed by one or some of the
parties only, each counterpart is primary evidence as against the
parties executing it." Explanation 2.—Where a number of documents are
all made by one uniform process, as in the case of printing,
lithography, or photography, each is primary evidence of the contents of
the rest; but, where they are all copies of a common original, they are
not primary evidence of the contents of the original. tc "Explanation
2.—Where a number of documents are all made by one uniform process, as
in the case of printing, lithography, or photography, each is primary
evidence of the contents of the rest; but, where they are all copies of a
common original, they are not primary evidence of the contents of the
original." Illustration A person is shown to have been in possession of a
number of placards, all printed at one time from one original. Any one
of the placards is primary evidence of the contents of any other, but no
one of them is primary evidence of the contents of the original.
63. Secondary evidence.—Secondary evidence means and includes— tc "63. Secondary evidence.—Secondary evidence means and includes—"
(1) Certified
copies given under the provisions hereinafter contained1; tc" (1)
Certified copies given under the provisions hereinafter contained1;"
(2) Copies
made from the original by mechanical processes which in themselves
insure the accuracy of the copy, and copies compared with such copies;
tc" (2) Copies made from the original by mechanical processes which in
themselves insure the accuracy of the copy, and copies compared with
such copies;"
(3) Copies made from or compared with the original; tc" (3) Copies made from or compared with the original;"
(4) Counterparts
of documents as against the parties who did not execute them; tc" (4)
Counterparts of documents as against the parties who did not execute
them;"
(5) Oral
accounts of the contents of a document given by some person who has
himself seen it. tc" (5) Oral accounts of the contents of a document
given by some person who has himself seen it." Illustrations
(a) A
photograph of an original is secondary evidence of its contents, though
the two have not been compared, if it is proved that the thing
photographed was the original.
(b) A
copy compared with a copy of a letter made by a copying machine is
secondary evidence of the contents of the letter, if it is shown that
the copy made by the copying machine was made from the original.
(c) A
copy transcribed from a copy, but afterwards compared with the
original, is secondary evidence; but the copy not so compared is not
secondary evidence of the original, although the copy from which it was
transcribed was compared with the original.
(d) Neither
an oral account of a copy compared with the original, nor an oral
account of a photograph or machine-copy of the original, is secondary
evidence of the original. COMMENTS tc "COMMENTS" Admissibility
Application moved for permission to lead secondary evidence based on
ground of loss of document. Presence of document proved from the facts
pleaded - Allowing secondary evidence not illegal; Sobha Rani v.
Ravikumar, AIR 1999 P&H 21. tc "Application moved for permission to
lead secondary evidence based on ground of loss of document. Presence of
document proved from the facts pleaded - Allowing secondary evidence
not illegal; Sobha Rani v. Ravikumar, AIR 1999 P&H 21."
Tape-recorded statements are admissible in evidence; K.S. Mohan v.
Sandhya Mohan, AIR 1993 Mad 59. tc "Tape-recorded statements are
admissible in evidence; K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad 59."
Certified copies of money lender’s licences are admissible in evidence;
K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993 Kant 29. tc
"Certified copies of money lender’s licences are admissible in evidence;
K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993 Kant 29."
64. Proof of documents by primary evidence.—Documents
must be proved by primary evidence except in the cases hereinafter
mentioned. tc "64. Proof of documents by primary evidence.—Documents
must be proved by primary evidence except in the cases hereinafter
mentioned."
65. Cases in which secondary evidence relating to documents may be given.—Secondary
evidence may be given of the existence, condition, or contents of a
document in the following cases:— tc "65. Cases in which secondary
evidence relating to documents may be given.—Secondary evidence may be
given of the existence, condition, or contents of a document in the
following cases\:—"
(a) When
the original is shown or appears to be in the possession or power— tc"
(a) When the original is shown or appears to be in the possession or
power—" of the person against whom the document is sought to be proved,
or tc" of the person against whom the document is sought to be proved,
or" of any person out of reach of, or not subject to, the process of the
Court, or tc" of any person out of reach of, or not subject to, the
process of the Court, or" of any person legally bound to produce it, tc"
of any person legally bound to produce it," and when, after the notice
mentioned in section 66, such person does not produce it; tc" and when,
after the notice mentioned in section 66, such person does not produce
it;"
(b) when
the existence, condition or contents of the original have been proved
to be admitted in writing by the person against whom it is proved or by
his representative in interest; tc" (b) when the existence, condition or
contents of the original have been proved to be admitted in writing by
the person against whom it is proved or by his representative in
interest;"
(c) when
the original has been destroyed or lost, or when the party offering
evidence of its contents cannot, for any other reason not arising from
his own default or neglect, produce it in reasonable time; tc" (c) when
the original has been destroyed or lost, or when the party offering
evidence of its contents cannot, for any other reason not arising from
his own default or neglect, produce it in reasonable time;"
(d) when
the original is of such a nature as not to be easily movable; tc" (d)
when the original is of such a nature as not to be easily movable;"
(e) when the original is a public document within the meaning of section 74;
(f) when
the original is a document of which a certified copy is permitted by
this Act, or by any other law in force in 1[India] to be given in
evidence2; tc" (f) when the original is a document of which a certified
copy is permitted by this Act, or by any other law in force in 1[India]
to be given in evidence2;"
(g) when
the originals consists of numerous accounts or other documents which
cannot conveniently be examined in Court, and the fact to be proved is
the general result of the whole collection. tc" (g) when the originals
consists of numerous accounts or other documents which cannot
conveniently be examined in Court, and the fact to be proved is the
general result of the whole collection." In cases (a), (c) and (d), any
secondary evidence of the contents of the document is admissible. tc "In
cases (a), (c) and (d), any secondary evidence of the contents of the
document is admissible." In case (b), the written admission is
admissible. tc "In case (b), the written admission is admissible." In
case (e) or (f), a certified copy of the document, but no other kind of
secondary evidence, is admissible. tc "In case (e) or (f), a certified
copy of the document, but no other kind of secondary evidence, is
admissible." In case (g), evidence may be given as to the general result
of the documents by any person who has examined them, and who is
skilled in the examination of such documents. tc "In case (g), evidence
may be given as to the general result of the documents by any person who
has examined them, and who is skilled in the examination of such
documents."
1[65A. Special provisions as to evidence relating to electronic record.—The contents of electronic records may be proved in accordance with the provisions of section 65B.]
1[65B. Admissibility of electronic records.—
(1) Notwithstanding
anything contained in this Act, any information contained in an
electronic record which is printed on a paper, stored, recorded or
copied in optical or magnetic media produced by a computer (hereinafter
referred to as the computer output) shall be deemed to be also a
document, if the conditions mentioned in this section are satisfied in
relation to the information and computer in question and shall be
admissible in any proceedings, without further proof or production of
the original, as evidence of any contents of the original or of any fact
stated therein of which direct evidence would be admissible. tc "65B.
Admissibility of electronic records.—(1) Notwithstanding anything
contained in this Act, any information contained in an electronic record
which is printed on a paper, stored, recorded or copied in optical or
magnetic media produced by a computer (hereinafter referred to as the
computer output) shall be deemed to be also a document, if the
conditions mentioned in this section are satisfied in relation to the
information and computer in question and shall be admissible in any
proceedings, without further proof or production of the original, as
evidence of any contents of the original or of any fact stated therein
of which direct evidence would be admissible."
(2) The
conditions referred to in sub-section (1) in respect of a computer
output shall be the following, namely:— tc "(2) The conditions referred
to in sub-section (1) in respect of a computer output shall be the
following, namely\:—"
(a) the
computer output containing the information was produced by the computer
during the period over which the computer was used regularly to store
or process information for the purposes of any activities regularly
carried on over that period by the person having lawful control over the
use of the computer; tc" (a) the computer output containing the
information was produced by the computer during the period over which
the computer was used regularly to store or process information for the
purposes of any activities regularly carried on over that period by the
person having lawful control over the use of the computer;"
(b) during
the said period, information of the kind contained in the electronic
record or of the kind from which the information so contained is derived
was regularly fed into the computer in the ordinary course of the said
activities; tc" (b) during the said period, information of the kind
contained in the electronic record or of the kind from which the
information so contained is derived was regularly fed into the computer
in the ordinary course of the said activities;"
(c) throughout
the material part of the said period, the computer was operating
properly or, if not, then in respect of any period in which it was not
operating properly or was out of operation during that part of the
period, was not such as to affect the electronic record or the accuracy
of its contents; and tc" (c) throughout the material part of the said
period, the computer was operating properly or, if not, then in respect
of any period in which it was not operating properly or was out of
operation during that part of the period, was not such as to affect the
electronic record or the accuracy of its contents; and"
(d) the
information contained in the electronic record reproduces or is derived
from such information fed into the computer in the ordinary course of
the said activities. tc" (d) the information contained in the electronic
record reproduces or is derived from such information fed into the
computer in the ordinary course of the said activities."
(3) Where
over any period, the function of storing or processing information for
the purposes of any activities regularly carried on over that period as
mentioned in clause (a) of sub-section (2) was regularly performed by
computers, whether— tc "(3) Where over any period, the function of
storing or processing information for the purposes of any activities
regularly carried on over that period as mentioned in clause (a) of
sub-section (2) was regularly performed by computers, whether—"
(a) by
a combination of computers operating over that period; or tc" (a) by a
combination of computers operating over that period; or"
(b) by
different computers operating in succession over that period; or tc"
(b) by different computers operating in succession over that period; or"
(c) by
different combinations of computers operating in succession over that
period; or tc" (c) by different combinations of computers operating in
succession over that period; or"
(d) in
any other manner involving the successive operation over that period,
in whatever order, of one or more computers and one or more combinations
of computers, tc" (d) in any other manner involving the successive
operation over that period, in whatever order, of one or more computers
and one or more combinations of computers," all the computers used for
that purpose during that period shall be treated for the purposes of
this section as constituting a single computer; and references in this
section to a computer shall be construed accordingly. tc "all the
computers used for that purpose during that period shall be treated for
the purposes of this section as constituting a single computer; and
references in this section to a computer shall be construed
accordingly."
(4) In
any proceedings where it is desired to give a statement in evidence by
virtue of this section, a certificate doing any of the following things,
that is to say,— tc "(4) In any proceedings where it is desired to give
a statement in evidence by virtue of this section, a certificate doing
any of the following things, that is to say,—"
(a) identifying
the electronic record containing the statement and describing the
manner in which it was produced; tc" (a) identifying the electronic
record containing the statement and describing the manner in which it
was produced;"
(b) giving
such particulars of any device involved in the production of that
electronic record as may be appropriate for the purpose of showing that
the electronic record was produced by a computer; tc" (b) giving such
particulars of any device involved in the production of that electronic
record as may be appropriate for the purpose of showing that the
electronic record was produced by a computer;"
(c) dealing
with any of the matters to which the conditions mentioned in
sub-section (2) relate, tc" (c) dealing with any of the matters to which
the conditions mentioned in sub-section (2) relate," and purporting to
be signed by a person occupying a responsible official position in
relation to the operation of the relevant device or the management of
the relevant activities (whichever is appropriate) shall be evidence of
any matter stated in the certificate; and for the purposes of this
sub-section it shall be sufficient for a matter to be stated to the best
of the knowledge and belief of the person stating it. tc "and
purporting to be signed by a person occupying a responsible official
position in relation to the operation of the relevant device or the
management of the relevant activities (whichever is appropriate) shall
be evidence of any matter stated in the certificate; and for the
purposes of this sub-section it shall be sufficient for a matter to be
stated to the best of the knowledge and belief of the person stating
it."
(5) For the purposes of this section,— tc "(5) For the purposes of this section,—"
(a) infomation
shall be taken to be supplied to a computer if it is supplied thereto
in any appropriate form and whether it is so supplied directly or (with
or without human intervention) by means of any appropriate equipment;
tc" (a) infomation shall be taken to be supplied to a computer if it is
supplied thereto in any appropriate form and whether it is so supplied
directly or (with or without human intervention) by means of any
appropriate equipment;"
(b) whether
in the course of activities carried on by any official information is
supplied with a view to its being stored or processed for the purposes
of those activities by a computer operated otherwise than in the course
of those activities, that information, if duly supplied to that
computer, shall be taken to be supplied to it in the course of those
activities; tc" (b) whether in the course of activities carried on by
any official information is supplied with a view to its being stored or
processed for the purposes of those activities by a computer operated
otherwise than in the course of those activities, that information, if
duly supplied to that computer, shall be taken to be supplied to it in
the course of those activities;"
(c) a
computer output shall be taken to have been produced by a computer
whether it was produced by it directly or (with or without human
intervention) by means of any appropriate equipment. Explanation.—For
the purposes of this section any reference to information being derived
from other information shall be a reference to its being derived
therefrom by calculation, comparison or any other process.]
66. Rules as to notice to produce.—Secondary evidence of the contents of the documents referred to in section 65, clause
(a) ,
shall not be given unless the party proposing to give such secondary
evidence has previously given to the party in whose possession or power
the document is, 1[or to his attorney or pleader,] such notice to
produce it as is prescribed by law; and if no notice is prescribed by
law, then such notice as the Court considers reasonable under the
circumstances of the case: tc "66. Rules as to notice to
produce.—Secondary evidence of the contents of the documents referred to
in section 65, clause (a), shall not be given unless the party
proposing to give such secondary evidence has previously given to the
party in whose possession or power the document is, 1[or to his attorney
or pleader,] such notice to produce it as is prescribed by law; and if
no notice is prescribed by law, then such notice as the Court considers
reasonable under the circumstances of the case\:" Provided that such
notice shall not be required in order to render secondary evidence
admissible in any of the following cases, or in any other case in which
the Court thinks fit to dispense with it:— tc "Provided that such notice
shall not be required in order to render secondary evidence admissible
in any of the following cases, or in any other case in which the Court
thinks fit to dispense with it\:—"
(1) when the document to be proved is itself a notice; tc" (1) when the document to be proved is itself a notice;"
(2) when,
from the nature of the case, the adverse party must know that he will
be required to produce it; tc" (2) when, from the nature of the case,
the adverse party must know that he will be required to produce it;"
(3) when
it appears or is proved that the adverse party has obtained possession
of the original by fraud or force; tc" (3) when it appears or is proved
that the adverse party has obtained possession of the original by fraud
or force;"
(4) when
the adverse party or his agent has the original in Court; tc" (4) when
the adverse party or his agent has the original in Court;"
(5) when the adverse party or his agent has admitted the loss of the document;
(6) when
the person in possession of the document is out of reach of, or not
subject to, the process of the Court. tc" (6) when the person in
possession of the document is out of reach of, or not subject to, the
process of the Court."
67. Proof of signature and handwriting of person alleged to have signed or written document produced.—If
a document is alleged to be signed or to have been written wholly or in
part by any person, the signature or the handwriting of so much of the
document as is alleged to be in that person’s handwriting must be proved
to be in his handwriting.
68. Proof of execution of document required by law to be attested.—If
a document is required by law to be attested, it shall not be used as
evidence until one attesting witness at least has been called for the
purpose of proving its execution, if there be an attesting witness
alive, and subject to the process of the Court and capable of giving
evidence: 1[Provided that it shall not be necessary to call an attesting
witness in proof of the execution of any document, not being a Will,
which has been registered in accordance with the provisions of the
Indian Registration Act, 1908 (16 of 1908), unless its execution by the
person by whom it purports to have been executed is specifically
denied.]
69. Proof where no attesting witness found.—If
no such attesting witness can be found, or if the document purports to
have been executed in the United Kingdom, it must be proved that the
attestation of one attesting witness at least is in his handwriting, and
that the signature of the person executing the document is in the
handwriting of that person. tc "69. Proof where no attesting witness
found.—If no such attesting witness can be found, or if the document
purports to have been executed in the United Kingdom, it must be proved
that the attestation of one attesting witness at least is in his
handwriting, and that the signature of the person executing the document
is in the handwriting of that person."
70. Admission of execution by party to attested document.—The
admission of a party to an attested document of its execution by
himself shall be sufficient proof of its execution as against him,
though it be a document required by law to be attested. tc "70.
Admission of execution by party to attested document.—The admission of a
party to an attested document of its execution by himself shall be
sufficient proof of its execution as against him, though it be a
document required by law to be attested."
71. Proof when attesting witness denies the execution.—If
the attesting witness denies or does not recollect the execution of the
document, its execution may be proved by other evidence. tc "71. Proof
when attesting witness denies the execution.—If the attesting witness
denies or does not recollect the execution of the document, its
execution may be proved by other evidence."
72. Proof of document not required by law to be attested.—An
attested document not required by law to be attested may be proved as
if it was unattested. tc "72. Proof of document not required by law to
be attested.—An attested document not required by law to be attested may
be proved as if it was unattested."
73. Comparison of signature, writing or seal with others admitted or proved.—In
order to ascertain whether a signature, writing or seal is that of the
person by whom it purports to have been written or made, any signature,
writing, or seal admitted or proved to the satisfaction of the Court to
have been written or made by that person may be compared with the one
which is to be proved, although that signature, writing, or seal has not
been produced or proved for any other purpose. The Court may direct any
person present in Court to write any words or figures for the purpose
of enabling the Court to compare the words or figures so written with
any words or figures alleged to have been written by such person. 1[This
section applies also, with any necessary modifications, to
finger-impressions.]
1[73A. Proof as to verification of digital signature.—In
order to ascertain whether a digital signature is that of the person by
whom it purports to have been affixed, the Court may direct— tc "2[73A.
Proof as to verification of digital signature.—In order to ascertain
whether a digital signature is that of the person by whom it purports to
have been affixed, the Court may direct—"
(a) that
person or the Controller or the Certifying Authority to produce the
Digital Signature Certificate; tc" (a) that person or the Controller or
the Certifying Authority to produce the Digital Signature Certificate;"
(b) any
other person to apply the public key listed in the Digital Signature
Certificate and verify the digital signature purported to have been
affixed by that person. tc" (b) any other person to apply the public key
listed in the Digital Signature Certificate and verify the digital
signature purported to have been affixed by that person."
Explanation.—For the purposes of this section, “Controller” means the
Controller appointed under sub-section (1) of section 17 of the
Information Technology Act, 2000.] tc "Explanation.—For the purposes of
this section, “Controller” means the Controller appointed under
sub-section (1) of section 17 of the Information Technology Act, 2000.]"
74. Public documents.—The following documents are public documents :— tc "74. Public documents.—The following documents are public documents \:—"
(1) Documents forming the acts, or records of the acts— tc "(1) Documents forming the acts, or records of the acts—"
(i) of the sovereign authority, tc" (i) of the sovereign authority,"
(ii) of official bodies and tribunals, and tc" (ii) of official bodies and tribunals, and"
(iii) of
public officers, legislative, judicial and executive, 1[of any part of
India or of the Commonwealth], or of a foreign country; tc" (iii) of
public officers, legislative, judicial and executive, 1[of any part of
India or of the Commonwealth], or of a foreign country;"
(2) Public records kept 2[in any State] of private documents. tc "(2) Public records kept 2[in any State] of private documents."
75. Private documents.—All other documents are private. tc "75. Private documents.—All other documents are private."
76. Certified copies of public documents.—Every
1public officer having the custody of a public document, which any
person has a right to inspect, shall give that person on demand a copy
of it on payment of the legal fees therefor, together with a certificate
written at the foot of such copy that it is a true copy of such
document or part thereof, as the case may be, and such certificate shall
be dated and subscribed by such officer with his name and his official
title, and shall be sealed, whenever such officer is authorized by law
to make use of a seal; and such copies so certified shall be called
certified copies. tc "76. Certified copies of public documents.—Every
3public officer having the custody of a public document, which any
person has a right to inspect, shall give that person on demand a copy
of it on payment of the legal fees therefor, together with a certificate
written at the foot of such copy that it is a true copy of such
document or part thereof, as the case may be, and such certificate shall
be dated and subscribed by such officer with his name and his official
title, and shall be sealed, whenever such officer is authorized by law
to make use of a seal; and such copies so certified shall be called
certified copies." Explanation.—Any officer who, by the ordinary course
of official duty, is authorized to deliver such copies, shall be deemed
to have the custody of such documents within the meaning of this
section. tc "Explanation.—Any officer who, by the ordinary course of
official duty, is authorized to deliver such copies, shall be deemed to
have the custody of such documents within the meaning of this section."
77. Proof of documents by production of certified copies.—Such
certified copies may be produced in proof of the contents of the public
documents or parts of the public documents of which they purport to be
copies. tc "77. Proof of documents by production of certified
copies.—Such certified copies may be produced in proof of the contents
of the public documents or parts of the public documents of which they
purport to be copies."
78. Proof of other official documents.—The
following public documents may be proved as follows:— tc "78. Proof of
other official documents.—The following public documents may be proved
as follows\:—"
(1) Acts,
orders or notifications of 1[the Central Government] in any of its
departments, 2[or of the Crown Representative] or of any State
Government or any department of any State Government,— tc" (1) Acts,
orders or notifications of 4[the Central Government] in any of its
departments, 5[or of the Crown Representative] or of any State
Government or any department of any State Government,—" by the records
of the departments, certified by the head of those departments
respectively, tc" by the records of the departments, certified by the
head of those departments respectively," or by any document purporting
to be printed by order of any such Government 2[or, as the case may be,
of the Crown Representative]; tc" or by any document purporting to be
printed by order of any such Government 5[or, as the case may be, of the
Crown Representative];"
(2) The
proceedings of the Legislatures,— tc" (2) The proceedings of the
Legislatures,—" by the journals of those bodies respectively, or by
published Acts or abstracts, or by copies purporting to be printed 3[by
order of the Government concerned]; tc" by the journals of those bodies
respectively, or by published Acts or abstracts, or by copies purporting
to be printed 6[by order of the Government concerned];"
(3) Proclamations,
orders or regulations issued by 4[Her Majesty] or by the Privy Council,
or by any department of 4[Her Majesty’s] Government,— tc" (3)
Proclamations, orders or regulations issued by 7[Her Majesty] or by the
Privy Council, or by any department of 7[Her Majesty’s] Government,—" by
copies or extracts contained in the London Gazette, or purporting to be
printed by the Queen’s printer; tc" by copies or extracts contained in
the London Gazette, or purporting to be printed by the Queen’s printer;"
(4) The
acts of the Executive or the proceedings of the Legislature of a
foreign country,— tc" (4) The acts of the Executive or the proceedings
of the Legislature of a foreign country,—" by journals published by
their authority, or commonly received in that country as such, or by a
copy certified under the seal of the country or sovereign, or by a
recognition thereof in some 5[Central Act]; tc" by journals published by
their authority, or commonly received in that country as such, or by a
copy certified under the seal of the country or sovereign, or by a
recognition thereof in some 1[Central Act];"
(5) The
proceedings of a municipal body in 6[a State], tc" (5) The proceedings
of a municipal body in 2[a State]," by a copy of such proceedings,
certified by the legal keeper thereof, or by a printed book purporting
to be published by the authority of such body; tc" by a copy of such
proceedings, certified by the legal keeper thereof, or by a printed book
purporting to be published by the authority of such body;"
(6) Public
documents of any other class in a foreign country,— tc" (6) Public
documents of any other class in a foreign country,—" by the original, or
by a copy certified by the legal keeper thereof, with a certificate
under the seal of a Notary Public, or of 7[an Indian Consul] or
diplomatic agent, that the copy is duly certified by the officer having
the legal custody of the original, and upon proof of the character of
the document according to the law of the foreign country. tc" by the
original, or by a copy certified by the legal keeper thereof, with a
certificate under the seal of a Notary Public, or of 3[an Indian Consul]
or diplomatic agent, that the copy is duly certified by the officer
having the legal custody of the original, and upon proof of the
character of the document according to the law of the foreign country."
STATE AMENDMENT tc "STATE AMENDMENT" West Bengal.—After section 78,
insert the following section, namely:— tc "West Bengal.—After section
78, insert the following section, namely\:—"
78A. Copies of public documents, to be as good as original documents in certain cases.—Notwithstanding
anything contained in this Act or any other law for the time being in
force, where any public documents concerning any areas within West
Bengal have been kept in Pakistan, then copies of such public documents
shall, on being authenticated in such manner as may be prescribed from
time to time by the State Government by notification in the Official
Gazette, be deemed to have taken the place of and to be, the original
documents from which such copies were made and all references to the
original documents shall be construed as including references to such
copies." tc" 78A. Copies of public documents, to be as good as original
documents in certain cases.—Notwithstanding anything contained in this
Act or any other law for the time being in force, where any public
documents concerning any areas within West Bengal have been kept in
Pakistan, then copies of such public documents shall, on being
authenticated in such manner as may be prescribed from time to time by
the State Government by notification in the Official Gazette, be deemed
to have taken the place of and to be, the original documents from which
such copies were made and all references to the original documents shall
be construed as including references to such copies.\"" [Vide West
Bengal Act 29 of 1955, sec. 3 (w.e.f. 6-10-1955) as amended by West
Bengal Act 20 of 1960, sec. 3 (w.e.f. 5-1-1961)].
79. Presumption as to genuineness of certified copies.—The
Court shall presume 1[to be genuine] every document purporting to be a
certificate, certified copy, or other document, which is by law declared
to be admissible as evidence of any particular fact and which purports
to be duly certified by any officer 2[of the Central Government or of a
State Government, or by any officer 3[in the State of Jammu and Kashmir]
who is duly authorized thereto by the Central Government]: Provided
that such document is substantially in the form and purports to be
executed in the manner directed by law in that behalf. tc "Provided that
such document is substantially in the form and purports to be executed
in the manner directed by law in that behalf." The Court shall also
presume that any officer by whom any such document purports to be signed
or certified held, when he signed it, the official character which he
claims in such paper. tc "The Court shall also presume that any officer
by whom any such document purports to be signed or certified held, when
he signed it, the official character which he claims in such paper."
80. Presumption as to documents produced as record of evidence.—Whenever
any document is produced before any Court, purporting to be a record or
memorandum of the evidence, or of any part of the evidence, given by a
witness in a judicial proceeding or before any officer authorized by law
to take such evidence, or to be a statement or confession by any
prisoner or accused person, taken in accordance with law, and purporting
to be signed by any Judge or Magistrate, or by any such officer as
aforesaid, the Court shall presume— that the document is genuine; that
any statements as to the circumstances under which it was taken,
purporting to be made by the person signing it, are true, and that such
evidence, statement or confession was duly taken.
81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.—The
Court shall presume the genuineness of every document purporting to be
the London Gazette, or 1[any Official Gazette, or the Government
Gazette] of any colony, dependency of possession of the British Crown,
or to be a newspaper or journal, or to be a copy of a private Act of
Parliament 2[of the United Kingdom] printed by the Queen’s Printer, and
of every document purporting to be a document directed by any law to be
kept by any person, if such document is kept substantially in the form
required by law and is produced from proper custody.
1[81A. Presumption as to Gazettes in electronic forms.—The
Court shall presume the genuineness of every electronic record
purporting to be the Official Gazette or purporting to be electronic
record directed by any law to be kept by any person, if such electronic
record is kept substantially in the form required by law and is produced
from proper custody.] tc "3[81A. Presumption as to Gazettes in
electronic forms.—The Court shall presume the genuineness of every
electronic record purporting to be the Official Gazette or purporting to
be electronic record directed by any law to be kept by any person, if
such electronic record is kept substantially in the form required by law
and is produced from proper custody.]"
82. Presumption as to document admissible in England without proof of seal or signature.—When
any document is produced before any Court, purporting to be a document
which, by the law in force for the time being in England or Ireland,
would be admissible in proof of any particular in any Court of Justice
in England or Ireland, without proof of the seal or stamp or signature
authenticating it, or of the judicial or official character claimed by
the person by whom it purports to be signed, the Court shall presume
that such seal, stamp or signature is genuine, and that the person
signing it held, at the time when he signed it, the judicial or official
character which he claims, tc "82. Presumption as to document
admissible in England without proof of seal or signature.—When any
document is produced before any Court, purporting to be a document
which, by the law in force for the time being in England or Ireland,
would be admissible in proof of any particular in any Court of Justice
in England or Ireland, without proof of the seal or stamp or signature
authenticating it, or of the judicial or official character claimed by
the person by whom it purports to be signed, the Court shall presume
that such seal, stamp or signature is genuine, and that the person
signing it held, at the time when he signed it, the judicial or official
character which he claims," and the document shall be admissible for
the same purpose for which it would be admissible in England or Ireland.
tc "and the document shall be admissible for the same purpose for which
it would be admissible in England or Ireland."
83. Presumption as to maps or plans made by authority of Government.—The
Court shall presume that maps or plans purporting to be made by the
authority of 1[the Central Government or any State Government] were so
made, and are accurate; but maps or plans made for the purposes of any
cause must be proved to be accurate. tc "83. Presumption as to maps or
plans made by authority of Government.—The Court shall presume that maps
or plans purporting to be made by the authority of 4[the Central
Government or any State Government] were so made, and are accurate; but
maps or plans made for the purposes of any cause must be proved to be
accurate."
84. Presumption as to collections of laws and reports of decisions.—The
Court shall presume the genuineness of every book purporting to be
printed or published under the authority of the Government of any
country, and to contain any of the laws of that country, tc "84.
Presumption as to collections of laws and reports of decisions.—The
Court shall presume the genuineness of every book purporting to be
printed or published under the authority of the Government of any
country, and to contain any of the laws of that country," and of every
book purporting to contain reports of decisions of the Courts of such
country. tc "and of every book purporting to contain reports of
decisions of the Courts of such country."
85. 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, 1[Indian] Consul
or Vice-Consul, or representative 2[***] of the 3[Central Government],
was so executed and authenticated.
86. Presumption as to certified copies of foreign judicial records.—The
Court may presume that any document purporting to be a certified copy
of any judicial record of 1[2[***] any country not forming part of
India] or of Her Majesty’s dominions is genuine and accurate, if the
document purports to be certified in any manner which is certified by
any representative of 3[***] the 4[Central Government] 5[in or for]
6[such country] to be the manner commonly in use in 7[that country] for
the certification of copies of judicial records. 8[An officer who, with
respect to 9[***] any territory or place not forming part of 10[India
or] Her Majesty’s dominions, is a Political Agent therefore, as defined
in section 3, 11[clause (43)], of the General Clauses Act, 1897 (10 of
1897), shall, for the purposes of this section, be deemed to be a
representative of the 12[Central Government] 13[in and for the country]
comprising that territory or place].
87. Presumption as to books, maps and charts.—The
Court may presume that any book to which it may refer for information
on matters of public or general interest, and that any published map or
chart, the statements of which are relevant facts and which is produced
for its inspection, was written and published by the person and at the
time and place, by whom or at which it purports to have been written or
published. tc "87. Presumption as to books, maps and charts.—The Court
may presume that any book to which it may refer for information on
matters of public or general interest, and that any published map or
chart, the statements of which are relevant facts and which is produced
for its inspection, was written and published by the person and at the
time and place, by whom or at which it purports to have been written or
published."
88. Presumption as to telegraphic messages.—The
Court may presume that a message, forwarded from a telegraph office to
the person to whom such message purports to be addressed, corresponds
with a message delivered for transmission at the office from which the
message purports to be sent; but the Court shall not make any
presumption as to the person by whom such message was delivered for
transmission. tc "88. Presumption as to telegraphic messages.—The Court
may presume that a message, forwarded from a telegraph office to the
person to whom such message purports to be addressed, corresponds with a
message delivered for transmission at the office from which the message
purports to be sent; but the Court shall not make any presumption as to
the person by whom such message was delivered for transmission."
1[88A. Presumption as to electronic messages.—The
Court may presume that an electronic message, forwarded by the
originator through an electronic mail server to the addressee to whom
the message purports to be addressed corresponds with the message as fed
into his computer for transmission; but the Court shall not make any
presumption as to the person by whom such message was sent. tc "3[88A.
Presumption as to electronic messages.—The Court may presume that an
electronic message, forwarded by the originator through an electronic
mail server to the addressee to whom the message purports to be
addressed corresponds with the message as fed into his computer for
transmission; but the Court shall not make any presumption as to the
person by whom such message was sent." Explanation.—For the purposes of
this section, the expressions “addressee” and “originator” shall have
the same meanings respectively assigned to them in clauses (b) and (za)
of sub-section
(1) of
section 2 of the Information Technology Act, 2000.] tc
"Explanation.—For the purposes of this section, the expressions
“addressee” and “originator” shall have the same meanings respectively
assigned to them in clauses (b) and (za) of sub-section (1) of section 2
of the Information Technology Act, 2000.]"
89. 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. tc "89. 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."
90. Presumption as to documents thirty years old.—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. tc "90.
Presumption as to documents thirty years old.—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. tc
"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. tc "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. STATE AMENDMENTS Uttar Pradesh.—(a) Renumber section 90 as
sub-section (1) thereof;
(b) in sub-section (1) as so renumbered, for the words “thirty years”, substitute the words “twenty years”;
(c) after
sub-section (1) as so renumbered, insert the following sub-section,
namely:— “(2) Where any such document as is referred to in sub-section
(1) was registered in accordance with the law relating to registration
of documents and a duly certified copy thereof is produced, 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, it is
that person's handwriting, and in the case of a document executed or
attested, that it was duly executed and attested by the person by whom
it purports to have been executed or attested”.
(d) After
section 90, insert the following section, namely:— “90A. (1) Where any
registered document or a duly certified copy thereof or any certified
copy of a document which is part of the record of a Court of Justice, is
produced from any custody which the Court in the particular case
considers proper, the Court may presume that the original was executed
by the person by whom it purports to have been executed.
(2) This
presumption shall not be made in respect of any document which is the
basis of a suit or of defence or is relied upon in the plaint or written
statement.” The Explanation to sub-section (1) of section 90 will also
apply to this section; [Vide Uttar Pradesh Act 24 of 1954, sec. 2 and
Sch. (w.e.f. 30-11-1954).] COMMENTS tc "COMMENTS" Presumption Assuming
that the document is more than thirty years old and comes from proper
custody, there would be no presumption that contents of the same are
true; Mohinuddin v. President, Municipal Committee, Khargone, AIR 1993
MP 5. tc "Assuming that the document is more than thirty years old and
comes from proper custody, there would be no presumption that contents
of the same are true; Mohinuddin v. President, Municipal Committee,
Khargone, AIR 1993 MP 5."
90A. Presumption as to electronic documents five years old.—
Thanks to
Sri. Vinay Yadav
email : wopostbank@gmail.com
