Section 85 IEA: Presumption as to powers-of-attorney
Indian Evidence Act, 1872
Section 85 IEA at a Glance
Section 85 IEA deals with presumption as to powers-of-attorney. From 1 July 2024 it is replaced by Section 84 BSA.
Section 85 IEA Bare Act Text
85. 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 85, Indian Evidence Act, 1872
Section 85 IEA in Simple Words
Section 85 of the Indian Evidence Act, 1872 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 85 IEA 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 named in the Act.
The named 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 requirements, the court must presume that the execution and authentication took place as shown.
When Section 85 IEA Applies
- Applies to a court when a document that appears on its face as a power-of-attorney is produced 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 85 IEA
Section 85 IEA in the BSA
Section 85 IEA is now covered under Section 84 BSA.
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.
View detailed comparison (IEA 85 vs BSA 84) →FAQs on Section 85 IEA
What is Section 85 IEA?▼
Section 85 of the Indian Evidence Act, 1872 requires a court to presume that a document appearing on its face as a power-of-attorney was properly executed and authenticated. For the rule to apply, the document must appear to have been signed before 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 85 IEA apply if a power-of-attorney was executed only before a private witness?▼
No. Section 85 IEA applies only when the power-of-attorney purports to have been executed in front of, and authenticated by, an official or body listed in the Act, such as a Notary Public, a Court, a Judge, a Magistrate, an Indian Consul or Vice-Consul, or a Central Government representative.
Is authentication alone enough under Section 85 IEA if the document was not executed before the authority?▼
No. Section 85 IEA states that the power-of-attorney must purport to have been signed in front of the listed authority as well as authenticated by that authority.
What is Section 85 IEA in BSA?▼
Section 84 BSA. Section 85 IEA became Section 84 BSA on 1 July 2024 without any change in wording.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·