BSA Section 79: Presumption as to documents produced as record of evidence, etc
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 5: Of Documentary Evidence
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79. 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 authorised 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\u2014
(i) the document is genuine;
(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and
(iii) such evidence, statement or confession was duly taken.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 56. Proof of contents of documents
- 57. Primary evidence
- 58. Secondary evidence
- 59. Proof of documents by primary evidence
- 60. Cases in which secondary evidence relating to documents may be given
- 61. Electronic or digital record
- 62. Special provisions as to evidence relating to electronic record
- 63. Admissibility of electronic records
- 64. Rules as to notice to produce
- 65. Proof of signature and handwriting of person alleged to have signed or written document produced
- 66. Proof as to electronic signature
- 67. Proof of execution of document required by law to be attested
- 68. Proof where no attesting witness found
- 69. Admission of execution by party to attested document
- 70. Proof when attesting witness denies execution
- 71. Proof of document not required by law to be attested
- 72. Comparison of signature, writing or seal with others admitted or proved
- 73. Proof as to verification of digital signature
- 74. Public and private documents
- 75. Certified copies of public documents
- 76. Proof of documents by production of certified copies
- 77. Proof of other official documents
- 78. Presumption as to genuineness of certified copies
- 80. Presumption as to Gazettes, newspapers, and other documents
- 81. Presumption as to Gazettes in electronic or digital record
- 82. Presumption as to maps or plans made by authority of Government
- 83. Presumption as to collections of laws and reports of decisions
- 84. Presumption as to powers-of-attorney
- 85. Presumption as to electronic agreements
- 86. Presumption as to electronic records and electronic signatures
- 87. Presumption as to Electronic Signature Certificates
- 88. Presumption as to certified copies of foreign judicial records
- 89. Presumption as to books, maps and charts
- 90. Presumption as to electronic messages
- 91. Presumption as to due execution, etc., of documents not produced
- 92. Presumption as to documents thirty years old
- 93. Presumption as to electronic records five years old