Presumption as to records or property in certain cases

Section 22 of the Prevention of Money-Laundering Act, 2002 deals with presumption as to records or property in certain cases. Where any records or property are or is found in the possession or control of any person in the course of a survey or a search[or where any record or property is produced by any person or has been resumed or seized from the custody or control of any person or has been frozen under this Act or under The Act came into force on 01 Jul 2005.

(1) Where any records or property are or is found in the possession or control of any person in the course of a survey or a search¹[or where any record or property is produced by any person or has been resumed or seized from the custody or control of any person or has been frozen under this Act or under any other law for the time being in force,] it shall be presumed that--

(i) such records or property belong or belongs to such person;

(ii) the contents of such records are true; and

(iii) the signature and every other part of such records which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that persons handwriting, and in the case of a record, stamped, executed or attested, that it was executed or attested by the person by whom it purports to have been so stamped, executed or attested.

(2) Where any records have been received from any place outside India, duly authenticated by such authority or person and in such manner as may be prescribed, in the course of proceedings under this Act, the Special Court, the Appellate Tribunal or the Adjudicating Authority, as the case may be, shall--

(a) presume, that the signature and every other part of such record which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting; and in the case of a record executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested;

(b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence.

Section 22, The Prevention of Money-Laundering Act, 2002 (Act 15 of 2003).