Section 82 IEA: Presumption as to document admissible in England without proof of seal or signature
Indian Evidence Act, 1872
Section 82 IEA at a Glance
Section 82 IEA dealt with presumption as to document admissible in England without proof of seal or signature. It has no corresponding section in the BSA, which replaced the IEA from 1 July 2024.
Section 82 IEA Bare Act Text
82. Presumption as to document admissible in England without proof of seal or signature
When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular in any Court of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and that the person signing it held, at the time when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland.
Source: Section 82, Indian Evidence Act, 1872
Section 82 IEA in Simple Words
Section 82 of the Indian Evidence Act, 1872 covered documents that were admissible in courts in England or Ireland. It required a court to treat the authenticating seal, stamp, or signature on such a document as genuine.
The rule applied whenever a document was produced before any court. The document had to appear to be admissible (allowed as proof) before a court in England or Ireland. This depended on the law in force there at the time. Under that law, the document had to be usable without separate proof of its authenticating seal, stamp, or signature. It also had to be usable there without proving the judicial or official position claimed by the signer.
For such a document, the court had to presume (accept as true) that the seal, stamp, or signature was genuine. The court also had to presume that the signer held the claimed judicial or official position when signing. The document was then admissible in the court for the same purpose as in England or Ireland.
When Section 82 IEA Applies
- A party produces a document before a court in a proceeding governed by the Indian Evidence Act, 1872.
- The document appears to be acceptable as proof in a court in England or Ireland without proving its authenticating seal, stamp, or signature.
- The document also appears to be acceptable there without proving the judicial or official position claimed by the signer.
- The court must presume that the seal, stamp, or signature is genuine, presume the signer held the claimed office, and admit the document for the same purpose.
Example of Section 82 IEA
No Corresponding BSA Section
Section 82 of the Indian Evidence Act, 1872 was not carried into the BSA. It dealt with documents admissible in England or Ireland, and there is no counterpart.
FAQs on Section 82 IEA
What is Section 82 IEA?▼
Section 82 of the Indian Evidence Act, 1872 dealt with documents that were admissible in a court in England or Ireland without proving their authenticating seal, stamp, or signature. When such a document was produced before a court, the court had to presume that the seal, stamp, or signature and the claimed official or judicial position of the signer were genuine. The document was also admissible for the same purpose as in England or Ireland.
Did Section 82 IEA require a court to presume that the signer held the claimed position?▼
Yes. Under Section 82 IEA, the court had to presume that the person signing the document held the judicial or official position claimed at the time of signing. The court also had to presume that the authenticating seal, stamp, or signature was genuine.
For what purpose could a document covered by Section 82 IEA be used in court?▼
A document covered by Section 82 IEA was admissible for the same purpose for which a court in England or Ireland would admit it. To qualify, the document had to be one that the law in force in England or Ireland allowed as proof of a fact without separate proof of its seal, stamp, signature, or the position of the signer.
What is Section 82 IEA in BSA?▼
None. The BSA has no corresponding section. Section 82 IEA dealt with presumptions for documents admissible in England or Ireland without proving their seal, stamp, or signature, and it was not carried into the BSA.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·