BSA Section 91 — Presumption as to due execution, etc., of documents not produced

Summary

The Court must presume that any document which was called for in a case and not produced after the other side was given notice to produce it, was properly attested, stamped, and executed as required by law. This means the Court will treat the missing document as if it was validly made, unless the party who failed to produce it can show otherwise.

Official Text

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.

Related Judgments

• YERIKALA SUNKALAMMA & ANR. vs STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE & ORS — Supreme Court of India (2025)
• National Paper Box Manufacturing Co.; Goregaon, Mumbai vs Maharashtra Small Scale and Development, Corporation Ltd., Thane & Anr — Bombay High Court (Mumbai Principal Seat) (2016)
• SIDHARTHA VASHISHT @ MANU SHARMA vs STATE (NCT OF DELHI) — Supreme Court of India (2010)

Old <-> New Code Mapping

• IEA §89 — Presumption as to due execution, etc., of documents not produced