Section 92 BSA: Presumption as to documents thirty years old
Bharatiya Sakshya Adhiniyam, 2023
Section 92 BSA at a Glance
Section 92 BSA deals with presumption as to documents thirty years old. It replaced Section 90 IEA on 1 July 2024.
Section 92 BSA Bare Act Text
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.
ExplanationThe 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.
Source: Section 92, Bharatiya Sakshya Adhiniyam, 2023
Section 92 BSA in Simple Words
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court presume that a document thirty years old was duly written, signed, and witnessed. The rule applies when a document is thirty years old, either by proof or by what appears on the document, and comes from custody that the court considers proper.
The court can presume that the signature and any part appearing to be written by a particular person are in the handwriting of that person. For a document that is executed (signed to make it valid) or attested (signed by a witness), the court can presume that the persons shown on the document duly executed and attested the document. Making this presumption is optional for the court.
For proper custody, Section 92 BSA applies the Explanation to Section 80 BSA. Custody is proper when a document stays in the place where, and is cared for by the person with whom, the document is required to be kept. Custody is also not improper if a legitimate origin is proved or made probable by the case facts.
In the illustrations, land deeds kept by a longtime possessor, held by a mortgagee (lender in a mortgage) while the mortgagor (borrower) holds the land, or left with a connection of the possessor for safe keeping are all in proper custody.
When Section 92 BSA Applies
- 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.
Example of Section 92 BSA
Section 92 BSA in the IEA (Previous Law)
Section 92 BSA replaces Section 90 IEA from the old criminal code.
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".
FAQs on Section 92 BSA
What is Section 92 BSA?▼
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court presume that a document thirty years old is in the handwriting of the person shown on it and was duly executed and attested. This applies when the document is produced from custody that the court considers proper in that case.
How does Section 92 BSA define proper custody for a document thirty years old?▼
Section 92 BSA applies the Explanation to Section 80 BSA to define proper custody. Under that explanation, custody is proper if the document is in the place where, and cared for by the person with whom, the document is required to be kept, or if a legitimate origin is proved or made probable by the case circumstances.
Is a court required to presume that a document thirty years old was duly executed under Section 92 BSA?▼
No. Section 92 BSA states that the court may presume handwriting, due execution, and attestation. The court has discretion to decide whether to make the presumption in a particular case.
Are land deeds kept by a mortgagee or a connection of the possessor in proper custody under Section 92 BSA?▼
Yes. Under the illustrations to Section 92 BSA, custody is proper when a mortgagee produces land deeds while the mortgagor holds the land. Custody is also proper when a connection of the possessor produces land deeds that the land possessor deposited for safe keeping.
What is Section 92 BSA in IEA?▼
Section 90 IEA is the earlier provision that became Section 92 BSA on 1 July 2024 with the same rule for documents thirty years old. While Section 90 IEA spelled out proper custody in its own Explanation and applied it to Section 81 IEA, Section 92 BSA refers to the Explanation to Section 80 BSA, which checks where a document is required to be kept.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·