Section 80 IEA: Presumption as to documents produced as record of evidence

Indian Evidence Act, 1872

Section 80 IEA at a Glance

Section 80 IEA deals with presumption as to documents produced as record of evidence. From 1 July 2024 it is replaced by Section 79 BSA.

Now BSA

Section 79 →

Section 80 IEA Bare Act Text

80. Presumption as to documents produced as record of evidence

Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume—

that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.

Source: Section 80, Indian Evidence Act, 1872

Section 80 IEA in Simple Words

Section 80 of the Indian Evidence Act, 1872 requires a court to make presumptions about documents produced as records of witness evidence or as statements or confessions of a prisoner or an accused person. When such a document is brought before a court, the court must presume the document to be genuine and duly taken.

Section 80 IEA covers a document that purports (appears or claims on its face) to be a memorandum or record (written summary) of all or part of the evidence given by a witness during a judicial proceeding (court proceeding), or before an officer whom the law authorizes to take it. It also covers a document purporting to be a confession or statement by a prisoner or an accused person, taken as the law requires.

The document must purport to bear the signature of a Judge, a Magistrate, or an officer legally authorized to take that evidence.

When such a document is produced, the court must presume the produced document to be genuine. It must also presume that any statements by the signer about the circumstances of taking the record are true, and that the confession, statement, or evidence was duly taken.

When Section 80 IEA Applies

  • A document is brought before a court that purports to be a memorandum or record of all or part of the evidence given by a witness during a judicial proceeding, or before an officer whom the law authorizes to take that evidence.
  • Alternatively, the document brought before the court purports to be a confession or statement made by a prisoner or an accused person, taken as the law requires.
  • The document purports to bear the signature of a Judge, a Magistrate, or an officer legally authorized to take the evidence.
  • When those conditions are met, the court must presume the produced document to be genuine, presume the statements by the signer about the circumstances of taking it to be true, and presume that the confession, statement, or evidence was duly taken.

Example of Section 80 IEA

In 2021, during a criminal trial before a court in Bhopal, the prosecution produces a written confession of an accused person named Farhan. The paper was taken as the law requires, purports to carry the signature of a Magistrate, and includes a note by the Magistrate on the circumstances of recording it. Under Section 80 IEA, the court must presume that this written confession document is genuine, that the statements by the Magistrate about the circumstances of taking it are true, and that the confession was duly taken.

Section 80 IEA in the BSA

Section 80 IEA is now covered under Section 79 BSA.

Section 80 of the Indian Evidence Act, 1872 became Section 79 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Conditions are now numbered, and the heading ends with "etc".

View detailed comparison (IEA 80 vs BSA 79) →

FAQs on Section 80 IEA

What is Section 80 IEA?▼

Section 80 of the Indian Evidence Act, 1872 is the rule on presumptions for documents produced in court as records of witness evidence or as statements or confessions of a prisoner or an accused person. When such a document is taken as the law requires and purports to bear the signature of a Judge, a Magistrate, or a legally authorized officer, the court must presume the produced document to be genuine. The court must also presume that the statements by the signer about the circumstances of taking it are true and that the confession, statement, or evidence was duly taken.

Does Section 80 IEA apply to a witness deposition recorded in a judicial proceeding?▼

Yes. Section 80 IEA applies whenever a document produced before a court purports to be a memorandum or record of all or part of the evidence given by a witness during a judicial proceeding and purports to bear the signature of a Judge or Magistrate.

What does the court presume about the notes of the signer on how a statement or confession was recorded under Section 80 IEA?▼

That those statements are true. Under Section 80 IEA, the court must presume the truth of any statements about the circumstances in which the record was taken that purport to be made by the Judge, Magistrate, or authorized officer signing it.

What is Section 80 IEA in BSA?▼

Section 79 BSA. Section 80 IEA became Section 79 BSA on 1 July 2024 with no substantive change, except that the clauses are numbered and the heading ends with etc.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Evidence Act, 1872 ·