IEA 89→BSA 91

IEA 89 to BSA 91: Presumption as to due execution, etc., of documents not produced

Section 89 IEA (1872) replaced by Section 91 BSA (2023)

View IEA Section 89 →View BSA Section 91 →

IEA 89 to BSA 91 at a Glance

Section 89 IEA (Presumption as to due execution, etc., of documents not produced) is now Section 91 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 89 to BSA 91?

Section 89 of the Indian Evidence Act, 1872 became Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

IEA 89 vs BSA 91: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section8991
HeadingPresumption as to due execution, etc., of documents not producedSame

IEA 89 and BSA 91: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 89, IEA 1872

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.
BSA 2023 (in force)

Section 91, BSA 2023

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.

When It Applies: IEA 89 vs BSA 91

Under IEA 89
  1. A document is called for during a court proceeding.
  2. A notice to produce has been given, and the document is still not brought to court.
  3. The court must then presume that the withheld document was executed, stamped, and attested as the law requires.
Under BSA 91
  1. A document is called for during a court proceeding.
  2. A notice to produce has been given, and the document is still not brought to court.
  3. The court must then presume that the withheld document was executed, stamped, and attested as the law requires.

What IEA 89 to BSA 91 Means in Practice

Section 89 IEA became Section 91 BSA without any change in wording, so the exact same rule applies. For matters governed by the BSA, a party or court should cite Section 91 BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·