Section 84 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) in English:
๐ Section 84: Presumption as to Powers-of-Attorney
Text of Section 84:
The Court shall presume that every document purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government, was so executed and authenticated.(thelawadvice.com)
๐ง Meaning and Scope
Section 84 establishes a presumption of authenticity for documents that are presented as powers-of-attorney, provided they appear to have been executed and authenticated by recognized authorities.
Power-of-Attorney: A legal document authorizing one person to act on behalf of another in private affairs, business, or legal matters.
Execution and Authentication: The process by which the document is signed (executed) and verified (authenticated) by authorized individuals or entities.
Under this section, if a document appears to be a power-of-attorney and shows signs of having been executed before and authenticated by any of the following, the court will presume it to be genuine:(thelawadvice.com)
Notary Public
Court
Judge
Magistrate
Indian Consul or Vice-Consul
Representative of the Central Government(constitutionofindia.in, myjudix.com, lextechsuite.com, vidhiadda.com)
This presumption means that the court will accept the document as valid without requiring further proof of its authenticity, unless evidence to the contrary is presented.
โ๏ธ Practical Implications
Simplification of Legal Proceedings: This provision streamlines legal processes by reducing the need to verify the authenticity of powers-of-attorney repeatedly.
Burden of Proof: The onus is on the party challenging the authenticity of the document to provide evidence that disputes its genuineness.
Reliance on Official Authentication: Documents bearing the signatures and seals of recognized authorities carry a presumption of validity, facilitating smoother transactions and legal actions.
๐งพ Example
Suppose an individual, A, presents a power-of-attorney document in court, purportedly executed before and authenticated by a Notary Public. Under Section 84, the court will presume that A executed and authenticated the document as claimed. Unless another party provides evidence to the contrary, the document will be accepted as valid and binding.(constitutionofindia.in, myjudix.com)
๐ Summary
Section 84 of the Bharatiya Sakshya Adhiniyam, 2023, facilitates the acceptance of powers-of-attorney by establishing a presumption of authenticity for documents executed and authenticated by recognized authorities. This provision enhances efficiency in legal proceedings by reducing the need for extensive verification of such documents, thereby promoting smoother legal and business operations.
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