Section 91 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 91: Presumption as to Due Execution, etc., of Documents Not Produced
Text of Section 91:
"The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped, and executed in the manner required by law."(taxguru.in)
๐ Meaning and Application
Section 91 establishes a legal presumption regarding documents that a party is required to produce in court but fails to do so, despite being given notice. Specifically, the court will assume that:
The document was attested (signed by witnesses).
The document was stamped as required by law.
The document was executed (signed and delivered) in accordance with legal requirements.
This presumption helps prevent parties from withholding documents that may be unfavorable to their case.
โ๏ธ Legal Significance
Prevents Withholding of Evidence: Discourages parties from deliberately withholding documents that could be detrimental to their case.
Burden of Proof: Shifts the burden to the party who failed to produce the document to explain why it was not produced and to prove that it was not attested, stamped, or executed as required.(myjudix.com)
Ensures Fairness: Promotes fairness in legal proceedings by ensuring that all relevant documents are available for examination.
๐งพ Example
In a property dispute, Party A claims ownership based on a sale deed. Party B disputes this claim and is required to produce the original sale deed. Despite being given notice, Party B fails to produce the document. Under Section 91, the court will presume that the sale deed was properly attested, stamped, and executed as per legal requirements, unless Party B can provide a valid explanation for its absence.(kanoongpt.in)
๐ Related Sections
Section 92: Presumption as to documents thirty years old.(taxguru.in)
Section 93: Presumption as to electronic records five years old.(aaptaxlaw.com)
Section 94: Evidence of terms of contracts, grants, and other dispositions of property reduced to the form of a document
Section 95: Exclusion of evidence of oral agreement
In summary, Section 91 of the Bharatiya Sakshya Adhiniyam, 2023, serves as a safeguard against the deliberate withholding of documents in legal proceedings. By establishing a presumption regarding the due execution of documents not produced, it ensures that parties cannot benefit from their failure to provide relevant evidence.
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