Presumption as to powers-of-attorney
Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 deals with presumption as to powers-of-attorney. 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. The Act came into force on 01 Jul 2024.
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.
Section 84, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 85 Presumption as to powers-of-attorney Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Smt. Salma vs Smt. S. Girija
Decided under Indian Evidence Act 85, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A General Power of Attorney is valid only while the grantor is alive; upon the grantor's death, the agency terminates, and any subsequent transfer of immovable property by the GPA holder is void ab-initio and not binding on the legal heirs.
On this section: Presumption of notarized documents, argued by the appellant but countered by factual evidence of death.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 84
What have the courts held on Section 84 of the Bharatiya Sakshya Adhiniyam?
Smt. Salma vs Smt. S. Girija (25 Nov 2024) is the leading judgment on this section among those set out below, though it was decided under IEA 85, which this section replaced -- the court never mentioned this Act: Presumption of notarized documents, argued by the appellant but countered by factual evidence of death.
How do I find court cases under Section 84 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 84, section 84 BSA, section 84 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa 804 84 sa and bsa troop 84. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Smt. Salma vs Smt. S. Girija (25 Nov 2024).
What should I read with Section 84 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 85 (Presumption as to powers-of-attorney), so the judgments decided under that provision are the case law on this one.
When did Section 84 of the Bharatiya Sakshya Adhiniyam come into force?
Section 84 of the Bharatiya Sakshya Adhiniyam, cited as BSA 84, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.