Section 80 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 80 – Presumption as to Gazettes, Newspapers, and Other Documents
Overview:
Section 80 of the Bharatiya Sakshya Adhiniyam, 2023, establishes a legal presumption regarding the authenticity of certain documents, specifically:
Official Gazettes
Newspapers or journals
Documents mandated by law to be maintained by any person(indiankanoon.org)
The section stipulates that the court shall presume the genuineness of these documents if they are kept substantially in the form required by law and are produced from proper custody.(indiankanoon.org)
Key Provisions:
Official Gazettes: Documents purporting to be the Official Gazette are presumed genuine.(indiankanoon.org)
Newspapers and Journals: Documents purporting to be newspapers or journals are presumed genuine.(sudhirrao.com)
Legally Required Documents: Documents purporting to be those directed by any law to be kept by any person are presumed genuine.(sudhirrao.com)
Proper Custody: For the presumption to apply, the document must be produced from proper custody.(section1.in)
Explanation:
For the purposes of this section and Section 92, a document is considered to be in proper custody if it is in the place in which, and looked after by the person with whom, such document is required to be kept. However, no custody is deemed improper if it is proven to have had a legitimate origin, or if the circumstances of the particular case render that origin probable.(sudhirrao.com)
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.(indiankanoon.org)
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.(advocatekhoj.com)
(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.(indiankanoon.org)
Significance:
This section facilitates the acceptance of certain documents as evidence without the need for further proof of their authenticity, thereby streamlining legal proceedings. It acknowledges the reliability of official and legally mandated documents, provided they are maintained and produced appropriately.
Conclusion:
Section 80 underscores the importance of maintaining and producing documents in accordance with legal requirements, ensuring their acceptance as genuine in judicial processes.
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