Sections 84 and 85 of the Indian Evidence Act, 1872: Presumptions Regarding Law Books, Law Reports and Powers of Attorney
Sections 84 and 85 of the Indian Evidence Act, 1872 formed part of the statutory rules concerning presumptions as to documents. This article explains their legal position immediately before the Bharatiya Sakshya Adhiniyam, 2023 came into force.
Meaning of "shall presume"
For these provisions, the expression "shall presume" is important. Under Section 4 of the Indian Evidence Act, 1872, where the Act directs the Court to presume a fact, the Court must regard that fact as proved unless and until it is disproved. Sections 84 and 85 therefore create statutory presumptions when their respective foundational requirements are satisfied.
Section 84: Presumption as to collections of laws and reports of decisions
Section 84 concerns the genuineness of certain publications that present themselves as authoritative collections of law or reports of judicial decisions.
Effect of Section 84
The provision facilitates proof of recognised legal publications. When a publication falls within Section 84, the statutory presumption concerns its genuineness. The section does not mean that every statement appearing in any privately produced book automatically becomes conclusive proof of the matters stated in it.
Documents covered
The provision covers books that purport to be officially printed or published and to contain the laws of a country, as well as books purporting to contain reports of decisions of the Courts of that country.
Section 85: Presumption as to powers of attorney
Section 85 creates a statutory presumption concerning a power of attorney where the document purports to have been executed before and authenticated by one of the authorities specified in the section.
Conditions for the presumption
The document must purport to be a power of attorney and must also purport to have been both executed before and authenticated by an authority recognised by Section 85. Where these statutory conditions appear from the document, the Court applies the presumption prescribed by the section, subject to rebuttal according to law.
Scope of the presumption
Section 85 assists with proof of execution and authentication in the manner stated in the provision. Questions outside that statutory presumption, including the legal effect, scope or use of the authority conferred by a particular instrument, may still depend on the instrument and the applicable law.
Difference between Sections 84 and 85
Section 84 deals with the presumed genuineness of specified collections of laws and reports of court decisions. Section 85 deals with the presumed execution and authentication of qualifying powers of attorney. Both provisions reduce the need for formal proof when the statutory conditions are present, but they apply to different classes of documents.
Practical relevance
These presumptions are rules of evidence. They assist a court in deciding what need not initially be proved by additional formal evidence. A presumption under these sections should therefore be distinguished from a rule making the underlying matter conclusive. The statutory wording and the facts surrounding the particular document remain important.
This article describes the legal position under the Indian Evidence Act, 1872 before the Bharatiya Sakshya Adhiniyam, 2023 came into force.