Presumptions as to documentsCentral

Section 84 of The Bharatiya Sakshya Adhiniyam, 2023

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.

Summary

This provision establishes a mandatory presumption about documents claiming to be powers of attorney.
It requires the Court to presume that a power of attorney was properly executed and authenticated if it was executed before and authenticated by designated officers.
It lists Notaries Public, Courts, Judges, Magistrates, Indian Consuls, Vice-Consuls, and Central Government representatives as the valid authenticating authorities.
It shifts the burden of proof, requiring anyone challenging the validity of such an authenticated power of attorney to disprove its proper execution.

Practical examples

1Rohan lives in London and wants to authorize his brother, Vinay, to sell his flat in Mumbai. Rohan signs a power of attorney in London before an Indian Consul, who stamps and signs it. When Vinay presents this in an Indian court, the court automatically presumes the document was properly executed and authenticated.

2Sneha presents a power of attorney in court that was signed by her business partner and stamped by a Notary Public in Delhi. Under the law, the court presumes that the partner did execute the document and that the Notary authenticated it, without requiring Sneha to call the Notary or partner to testify.

FAQ

1. Who must authenticate a power of attorney for the court to presume its genuineness under Section 84 of The Bharatiya Sakshya Adhiniyam, 2023?

Under Section 84 of The Bharatiya Sakshya Adhiniyam, 2023, the document must be executed before and authenticated by a Notary Public, any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government.

2. Does the court assume a notarized power of attorney is valid under the Bharatiya Sakshya Act?

Yes, under the Bharatiya Sakshya Act, the Court shall presume that such a document was properly executed and authenticated.

3. Can a power of attorney authenticated by a private witness get the presumption under Section 84 of the Bharatiya Sakshya code?

No, under Section 84 of the Bharatiya Sakshya code, the presumption applies only if the power of attorney is executed before and authenticated by one of the specified official authorities, not a private witness.

Test yourself

Q1.Under Section 84 of The Bharatiya Sakshya Adhiniyam, 2023, which of the following authorities is NOT listed as an authenticating entity that triggers the presumption of proper execution for a power of attorney?

Q2.Under Section 84 of The Bharatiya Sakshya Adhiniyam, 2023, what is the nature of the presumption regarding a power of attorney authenticated by a Notary Public?

Q3.If a power of attorney is produced in court with a notary's seal, but a hostile party calls a private witness who claims they did not see the document being signed, how do Section 84 and Section 70 of The Bharatiya Sakshya Adhiniyam, 2023 resolve this?

Q4.Under Section 84 of The Bharatiya Sakshya Adhiniyam, 2023, what is the court directed to presume about a power of attorney executed before and authenticated by a representative of the Central Government?

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