Presumption as to due execution, etc., of documents not produced
Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 deals with presumption as to due execution, etc., of documents not produced. 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 Act came into force on 01 Jul 2024.
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.
Section 91, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 89 Presumption as to due execution, etc., of documents not produced 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 The repealed enactment still governs what happened while it was in force.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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State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane
Decided under Indian Evidence Act 89, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A confessional statement recorded under Section 164 of the Code of Criminal Procedure is not substantive evidence but a former statement made before a legally competent authority. Such statements can be used for corroboration or contradiction of witness testimony and can be admitted and exhibited without the Magistrate who recorded them being examined as a witness. The correct legal framework for admitting such judicial records is Section 80 of the Indian Evidence Act, which creates a presumption of genuineness and proper recording, not Section 89 which applies only to secondary evidence cases under Sections 65(a) and 66.
On this section: Establishes presumption as to documents called for and not produced after notice; applies only to cases under Section 65(a) and 66 - INCORRECTLY APPLIED by trial court
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 91
What have the courts held on Section 91 of the Bharatiya Sakshya Adhiniyam?
State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014) is the leading judgment on this section among those set out below, though it was decided under IEA 89, which this section replaced -- the court never mentioned this Act: Establishes presumption as to documents called for and not produced after notice; applies only to cases under Section 65(a) and 66 - INCORRECTLY APPLIED by trial court.
How do I find court cases under Section 91 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 91, section 91 BSA, section 91 of the Bharatiya Sakshya Adhiniyam. People searching for it also type scouts 91. 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 State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014).
What should I read with Section 91 of the Bharatiya Sakshya Adhiniyam, and has it changed?
It carries forward IEA 89 (Presumption as to due execution, etc., of documents not produced), so the judgments decided under that provision are the case law on this one.
When did Section 91 of the Bharatiya Sakshya Adhiniyam come into force?
Section 91 of the Bharatiya Sakshya Adhiniyam, cited as BSA 91, 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.