Section 89 IEA: Presumption as to due execution, etc., of documents not produced
Indian Evidence Act, 1872
Section 89 IEA at a Glance
Section 89 IEA deals with presumption as to due execution, etc., of documents not produced. From 1 July 2024 it is replaced by Section 91 BSA.
Section 89 IEA Bare Act Text
89. 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 89, Indian Evidence Act, 1872
Section 89 IEA in Simple Words
Section 89 of the Indian Evidence Act, 1872 requires a court to presume (assume as true) that an unproduced document met all legal formalities. The rule applied when a document was called for in court and withheld after a notice to produce (a formal demand to bring it).
When a party failed to bring the document after receiving that notice, the court had to make a mandatory presumption. The court must presume under Section 89 IEA 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 89 IEA makes this presumption mandatory, the court had to apply it whenever these conditions were met. Even without seeing the unproduced document, the Act required the court to treat it as properly executed, stamped, and attested.
When Section 89 IEA 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 89 IEA
Section 89 IEA in the BSA
Section 89 IEA is now covered under Section 91 BSA.
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.
View detailed comparison (IEA 89 vs BSA 91) →FAQs on Section 89 IEA
What is Section 89 IEA?▼
Section 89 of the Indian Evidence Act, 1872 is the rule on unproduced documents. When a document was called for and not brought to court after a notice to produce, the court had to presume that it was executed, stamped, and attested as required by law.
Did the court have a choice in making the presumption under Section 89 IEA?▼
No. Section 89 IEA made the presumption mandatory when a document was called for and withheld after a notice to produce. The court had to presume that the document was properly executed, stamped, and attested.
Did Section 89 IEA apply if no notice to produce the document was given?▼
No. Section 89 IEA applied only when a document had been called for and was not brought forward after a notice to produce.
What is Section 89 IEA in BSA?▼
Section 91 BSA. Section 89 IEA became Section 91 BSA without any change in wording, so the exact same rule applies.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·