Section 84 BSA: Presumption as to powers-of-attorney
Bharatiya Sakshya Adhiniyam, 2023
Section 84 BSA at a Glance
Section 84 BSA deals with presumption as to powers-of-attorney. It replaced Section 85 IEA on 1 July 2024.
Section 84 BSA Bare Act Text
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.
Source: Section 84, Bharatiya Sakshya Adhiniyam, 2023
Section 84 BSA in Simple Words
Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume (accept as true) that a qualifying power-of-attorney (a document authorising a person to act for another person) was properly executed (signed and completed) and authenticated (officially verified).
For Section 84 BSA to apply, the document must purport (appear on its face) as a power-of-attorney. It must also purport to have been signed in front of, and verified by, an authority listed in the Adhiniyam.
The listed authorities are a Notary Public (an officer who attests legal documents), a Court, a Judge, a Magistrate, an Indian Consul or an Indian Vice-Consul (officials representing India abroad), or a Central Government representative. When a document meets these conditions, the court must presume that the execution and authentication took place as shown.
When Section 84 BSA Applies
- 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.
Example of Section 84 BSA
Section 84 BSA in the IEA (Previous Law)
Section 84 BSA replaces Section 85 IEA from the old criminal code.
Section 85 of the Indian Evidence Act, 1872 became Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.
FAQs on Section 84 BSA
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.
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.
Have questions about Section 84 BSA?
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·