Presumption as to powers-of-attorney
Section 85 of the Indian Evidence Act, 1872 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 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 85, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 84 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 The repealed enactment still governs what happened while it was in force.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
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Secondly, there is a presumption in law that every document purported to be a POA and having been executed before and authenticated by a Notary Public and the Indian Consul was so executed and authenticated. Section 85 of the Indian Evidence Act reads as under:- "85. Presumption as to powers-of-attorney. The Court shall presume that every document purporting to be a powerof-attorney, and to have been executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, …
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… The overall conduct of the plaintiff is such that that she is not entitled to the relief of the specific performance. 7. The learned counsel would point out that Ex.A.2 had been notarised. But the Notary was not examined. The Courts below chose to invoke Section 85 of the Indian Evidence Act and come to the conclusion that the authenticity of Ex.A.2 had been established. When once the defendants contested the genuineness of Ex.A.2, the burden lay on the plaintiff to prove that it was executed only by Verrayan. The plaintiff did not take any step to obtain expert opinion. He …
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… It is evident from the records that there was a power of Attorney dated 01.07.1997 executed by not only Doddavenkatamma but also her children and the said power of Attorney was duly registered and therefore has a presumptive value under Section 85 of the Indian Evidence Act. Following the said power of Attorney, the land in question has been transferred by the appellant No.1 in favour of the appellant No.2 by three separate sale deeds dated 18.11.1998 and 07.01.1999. These sale deeds have stood the test of time till the year 2012 when Doddavenkatamma chose …
Questions about Section 85
What have the courts held on Section 85 of the Indian Evidence Act?
Smt. Salma vs Smt. S. Girija (25 Nov 2024) is the leading judgment on this section among those set out below: Presumption of notarized documents, argued by the appellant but countered by factual evidence of death.
How do I find court cases under Section 85 of the Indian Evidence Act?
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: IEA 85, section 85 IEA, section 85 of the Indian Evidence Act. 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 85 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 84 (Presumption as to powers-of-attorney), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 85 of the Indian Evidence Act come into force?
Section 85 of the Indian Evidence Act, cited as IEA 85, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 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. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.