IEA 90 to BSA 92: Presumption as to documents thirty years old
Section 90 IEA (1872) replaced by Section 92 BSA (2023)
IEA 90 to BSA 92 at a Glance
Section 90 IEA (Presumption as to documents thirty years old) is now Section 92 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 90 to BSA 92?
Section 90 of the Indian Evidence Act, 1872 became Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The rule is the same. The Explanation on "proper custody" is no longer spelled out here and now refers to the Explanation to Section 80, which tests where a document is "required to be kept".
IEA 90 vs BSA 92: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 90 | 92 |
| Heading | Presumption as to documents thirty years old | Same |
| Cross-references | s.81 | s.80 |
IEA 90 and BSA 92: Bare Act Text Side by Side
IEA 1872 (repealed)
Section 90, IEA 1872
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.
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.
BSA 2023 (in force)
Section 92, BSA 2023
92. 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.—The Explanation to section 80 shall also apply to this section.
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 shall be proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be 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 shall be proper.
When It Applies: IEA 90 vs BSA 92
Under IEA 90
- A party produces a document in court that is thirty years old, either by proof or by what the document states on its face.
- The document comes from custody that the court considers proper in the specific case.
- Custody is proper when the document stays in the place where, and with the person under whose care, the document would naturally be, or when the custody has a proved or probable legitimate origin.
- When these conditions are met, the court has discretion to presume that the handwriting and signatures are genuine and that the persons shown on an executed or attested document duly executed and attested the document.
Under BSA 92
- A party produces a document in court that is thirty years old, either by proof or by what the document states on its face.
- The document comes from custody that the court considers proper in the specific case.
- Under the Explanation to Section 80 BSA, applied by Section 92 BSA, custody is proper when the document stays in the place where, and is cared for by the person with whom, the document is required to be kept, or when the custody has a proved or probable legitimate origin.
- When those conditions are met, the court has discretion to presume that the handwriting and signatures are genuine and that the persons shown on an executed or attested document duly executed and attested the document.
What IEA 90 to BSA 92 Means in Practice
The same rule on presumptions for documents thirty years old applies, and parties should cite Section 92 BSA for matters governed by the Adhiniyam. Instead of spelling out proper custody in the provision itself as Section 90 IEA did, Section 92 BSA refers to the Explanation to Section 80 BSA, which tests where a document is required to be kept.
FAQs: IEA 90 to BSA 92
How did the explanation of proper custody change from Section 90 IEA to Section 92 BSA?▼
Section 90 IEA contained its own Explanation stating that custody is proper where and with whom documents would naturally be, and applied that Explanation to Section 81 IEA. Section 92 BSA instead applies the Explanation to Section 80 BSA, which asks where and by whom a document is required to be kept, while each provision still accepts custody with a proved or probable legitimate origin.
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 ·