Bharatiya Sakshya Adhiniyam, 2023
BSA Section 92
Presumption as to documents thirty years old
In one line
BSA Section 92 deals with presumption as to documents thirty years old and replaces Evidence Act 90.
Bare act text — BSA 92
92. 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.--The Explanation to section 80 shall also apply to this section. 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 shall be proper. (b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be 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 shall be proper.
What changed from the Evidence Act
- Evidence Act 90 → BSA 92: A new explanation same as of section 80 is added.
- Evidence Act 90 → BSA 92: In illustration "is" is replaced by "shall be".
Frequently asked
What was BSA Section 92 in the Evidence Act?
BSA Section 92 (Presumption as to documents thirty years old) replaces Section 90 of the Indian Evidence Act, 1872. Evidence Act 90 is now BSA 92.
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Nearby BSA sections
- BSA 87 — Presumption as to Electronic Signature Certificates
- BSA 88 — Presumption as to certified copies of foreign judicial records
- BSA 89 — Presumption as to books, maps and charts
- BSA 90 — Presumption as to electronic messages
- BSA 91 — Presumption as to due execution, etc., of documents not produced
- BSA 93 — Presumption as to electronic records five years old
- BSA 94 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
- BSA 95 — Exclusion of evidence of oral agreement
- BSA 96 — Exclusion of evidence to explain or amend ambiguous document
- BSA 97 — Exclusion of evidence against application of document to existing facts