Section 91 BSA: Presumption as to due execution, etc., of documents not produced
Bharatiya Sakshya Adhiniyam, 2023
Section 91 BSA at a Glance
Section 91 BSA deals with presumption as to due execution, etc., of documents not produced. It replaced Section 89 IEA on 1 July 2024.
Section 91 BSA Bare Act Text
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.
Source: Section 91, Bharatiya Sakshya Adhiniyam, 2023
Section 91 BSA in Simple Words
Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume (assume as true) that an unproduced document met all legal formalities. The rule applies when a document is called for in court and withheld after a notice to produce (a formal demand to bring it).
When a party fails to bring the document after receiving that notice, the court has to make a mandatory presumption. The court must presume under Section 91 BSA that the withheld document was executed (formally signed and completed), stamped (carrying the required duty stamp), and attested (signed by a witness) as required by law.
Because Section 91 BSA makes this presumption mandatory, the court must apply it whenever these conditions are met. Even without seeing the unproduced document, the Adhiniyam requires the court to treat it as properly executed, stamped, and attested.
When Section 91 BSA Applies
- A document is called for during a court proceeding.
- A notice to produce has been given, and the document is still not brought to court.
- The court must then presume that the withheld document was executed, stamped, and attested as the law requires.
Example of Section 91 BSA
Section 91 BSA in the IEA (Previous Law)
Section 91 BSA replaces Section 89 IEA from the old criminal code.
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.
FAQs on Section 91 BSA
What is Section 91 BSA?▼
Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on unproduced documents. When a document is called for and not brought to court after a notice to produce, the court must presume that it was executed, stamped, and attested as required by law.
Does the court have a choice in making the presumption under Section 91 BSA?▼
No. Section 91 BSA makes the presumption mandatory when a document is called for and withheld after a notice to produce. The court has to presume that the document was properly executed, stamped, and attested.
Does Section 91 BSA apply if no notice to produce the document was given?▼
No. Section 91 BSA applies only when a document has been called for and is not brought forward after a notice to produce.
What is Section 91 BSA in IEA?▼
Section 89 IEA. Section 91 BSA replaced Section 89 IEA without any change in wording, so the exact same rule applies.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·