Question
A document is produced in evidence that appears to be
signed 30 years ago. The opposing party challenges its genuineness and seeks to discredit it. Under which section of the Bharatiya Sakshya Adhiniyam does the law presume that a document more than a prescribed number of years old, and produced from proper custody, is genuine unless the contrary is proved?Solution
Section 87 of BSA deals with presumptions regarding documents aged more than 30 years. It states that when a document is more than 30 years old, is produced from proper custody, and the handwriting and condition of the document appear to the Court to be consistent with its alleged age, the Court shall presume that such document is genuine unless the contrary is proved. This presumption inverts the burden of proof onto the challenger of the document's authenticity.
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