Presumption as to documents places a rebuttable assumption on accused about authenticity and admissibility of produced or seized documents. When a document is produced, seized, or received from outside India in proceedings and tendered by the prosecution against a person, the court must, unless the contrary is proved, presume the truth of its contents and that signatures or handwriting are that of the purported person, and that executed or attested documents were properly executed or attested. Such documents are to be admitted in evidence despite not being duly stamped, provided they are otherwise admissible, thereby creating a rebuttable evidentiary burden on the person to displace these presumptions.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption as to documents places a rebuttable assumption on accused about authenticity and admissibility of produced or seized documents.
When a document is produced, seized, or received from outside India in proceedings and tendered by the prosecution against a person, the court must, unless the contrary is proved, presume the truth of its contents and that signatures or handwriting are that of the purported person, and that executed or attested documents were properly executed or attested. Such documents are to be admitted in evidence despite not being duly stamped, provided they are otherwise admissible, thereby creating a rebuttable evidentiary burden on the person to displace these presumptions.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.