Evidence Act · Chapter V · Of documentary evidence
Evidence Act section 89, “Presumption as to due execution, etc., of documents not produced”, is now BSA section 91 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
The words are the same as in the Evidence Act, apart from “Adhiniyam” for the Act’s own name and the new numbers of the sections it refers to.
Indian Evidence Act, 1872
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.
Bharatiya Sakshya Adhiniyam, 2023
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.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed. The PDFs linked below carry the full history.
The BSA repealed the Indian Evidence Act from 1 July 2024 (section 170(1)). Any application, trial, inquiry, investigation, proceeding or appeal pending immediately before that date is dealt with under the Evidence Act as it then stood, as if the BSA had not come into force (section 170(2)).
