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Presumption as to documents: signatures, execution and custody-origin documents presumed genuine unless effectively rebutted. Section 39 permits four departmental presumptions: handwriting and signatures on specified documents are presumed genuine; documents appearing executed or attested are presumed so unless rebutted; unstamped documents may be admitted for the limited purpose of proving the accused's guilt; and documents recovered from a person's custody are presumed true unless disproved. Authentication under the Foreign Exchange (Authentication of Documents) Rules applies only when a document came from outside India, was received during an investigation of an alleged contravention against the person, and is tendered in proceedings against that person.
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: signatures, execution and custody-origin documents presumed genuine unless effectively rebutted.
Section 39 permits four departmental presumptions: handwriting and signatures on specified documents are presumed genuine; documents appearing executed or attested are presumed so unless rebutted; unstamped documents may be admitted for the limited purpose of proving the accused's guilt; and documents recovered from a person's custody are presumed true unless disproved. Authentication under the Foreign Exchange (Authentication of Documents) Rules applies only when a document came from outside India, was received during an investigation of an alleged contravention against the person, and is tendered in proceedings against that person.
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