What is Section 84 BSA?

Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume that a document appearing on its face as a power-of-attorney was properly executed and authenticated. The document must appear to have been signed in front of and verified by a Notary Public, a Court, a Judge, a Magistrate, an Indian Consul or Vice-Consul, or a Central Government representative.

Does Section 84 BSA apply to a power-of-attorney executed before an Indian Consul abroad?

Yes. An Indian Consul or Vice-Consul is among the authorities named in Section 84 BSA, along with a Notary Public, a Court, a Judge, a Magistrate, and a Central Government representative.

Is authentication alone enough under Section 84 BSA if the document was not executed before the authority?

No. Section 84 BSA requires that the power-of-attorney purport to have been signed in front of the listed authority as well as authenticated by that authority.

IEA 85 Is Now BSA 84: Presumption as to Powers-of-attorney

Q: What is Section 84 BSA in IEA?

Section 85 IEA. Section 85 IEA became Section 84 BSA on 1 July 2024 without any change in wording.

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	85	84
Heading	Presumption as to powers-of-attorney	Same

Aspect

IEA 1872 (repealed)

BSA 2023 (in force)

Section

Heading

Presumption as to powers-of-attorney

Same

IEA 85 and BSA 84: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 85, IEA 1872

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, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.

BSA 2023 (in force)

Section 84, BSA 2023

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.

When It Applies: IEA 85 vs BSA 84

Under IEA 85

Applies to a court when a document that appears on its face as a power-of-attorney is produced before it.
Applies when the document appears to have been signed in front of and verified by a listed official or court.
Requires the court to presume that the document was executed and authenticated in that manner.

Under BSA 84

Applies to a court when a document that appears on its face as a power-of-attorney is placed before it.
Applies when the document appears to have been signed in front of and verified by a listed official or court.
Requires the court to presume that the document was executed and authenticated in that manner.

What IEA 85 to BSA 84 Means in Practice

The same rule applies because Section 85 IEA became Section 84 BSA on 1 July 2024 without any change in wording. For matters governed by the Adhiniyam, a party should cite Section 84 BSA instead of Section 85 IEA.

IEA 85 to BSA 84: Presumption as to powers-of-attorney

IEA 85 to BSA 84 at a Glance

What Changed From IEA 85 to BSA 84?

IEA 85 vs BSA 84: Comparison Table

IEA 85 and BSA 84: Bare Act Text Side by Side

When It Applies: IEA 85 vs BSA 84

What IEA 85 to BSA 84 Means in Practice