Section 90 IEA: Presumption as to documents thirty years old

Indian Evidence Act, 1872

Section 90 IEA at a Glance

Section 90 IEA deals with presumption as to documents thirty years old. From 1 July 2024 it is replaced by Section 92 BSA.

Now BSA

Section 92 →

Section 90 IEA Bare Act Text

90. 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.
Explanation
Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.
This explanation applies also to section 81.
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 is proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is 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 is proper.

Source: Section 90, Indian Evidence Act, 1872

Section 90 IEA in Simple Words

Section 90 of the Indian Evidence Act, 1872 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 in that case.

When those conditions are met, 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. The rule also covers 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. Because the Act uses the words may presume, the court has a choice and is not forced to make this presumption.

Custody is proper when a document is kept in the place where it would naturally stay, under the care of the natural person for such a record. Still, custody is never improper if proved to have a legitimate origin, or if the case facts make a legitimate origin probable. In the illustrations, land deeds kept by a longtime possessor, held by a mortgagee (lender in a mortgage) while the mortgagor (borrower) possesses the land, or deposited with a connection of the possessor for safe keeping are in proper custody.

This explanation of proper custody also applies to Section 81 IEA, which covers presumptions for Gazettes, newspapers, journals, private Acts, and documents that any law directs a person to keep.

When Section 90 IEA 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.
Custody is proper when the document stays in the place where, and with the person under whose care, the document would naturally be, or when the custody has a proved or probable legitimate origin.
When these 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 90 IEA

In 2022, during a property dispute in a court in Pune, Ramesh produces a written family settlement agreement from a trunk where family papers are kept. The settlement agreement is thirty years old by proof in court, appears to be written by Farhan, and bears the signature of Priya as an attesting witness. The court considers the family trunk under the care of Ramesh to be proper custody in the case. Under Section 90 IEA, the court can presume that the settlement agreement is in the handwriting of Farhan and that the persons shown on the settlement agreement duly executed and attested the document.

Section 90 IEA in the BSA

Section 90 IEA is now covered under Section 92 BSA.

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".

View detailed comparison (IEA 90 vs BSA 92) →

FAQs on Section 90 IEA

What is Section 90 IEA?▼

Section 90 of the Indian Evidence Act, 1872 is the provision on presumptions for documents that are thirty years old. When such a document is produced from custody that the court considers proper, the court can presume that the handwriting and signatures are genuine and that the persons shown on the document duly executed and attested the document.

Must a court presume that a document thirty years old is genuine under Section 90 IEA?▼

No. Section 90 IEA states that the court may presume the handwriting, execution, and attestation of the document. This leaves the decision to the discretion of the court in the particular case.

Is custody improper under Section 90 IEA if a document was kept by someone other than the person possessing the land?▼

No. Custody is not improper if proved to have a legitimate origin, or if the case circumstances make a legitimate origin probable. Under the illustrations to Section 90 IEA, land deeds held by a mortgagee or deposited with a connection of the possessor for safe keeping are in proper custody.

Does the explanation of proper custody in Section 90 IEA apply to any other provision of the Act?▼

Yes. The explanation in Section 90 IEA also applies to Section 81 IEA, which deals with presumptions for Gazettes, newspapers, journals, private Acts, and documents that any law directs a person to keep.

What is Section 90 IEA in BSA?▼

Section 92 BSA replaces Section 90 IEA from 1 July 2024 and keeps the same rule for documents thirty years old. Instead of spelling out proper custody within the provision itself, Section 92 BSA applies the Explanation to Section 80 BSA, which checks where and with whom a document is required to be kept.

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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 ·