Section 84 BSA 2023: Presumption as to Powers of Attorney

Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the evidentiary presumption attached to a power-of-attorney that purports to have been executed before, and authenticated by, one of the authorities specified in the provision.

Section 84 - Presumption as to powers-of-attorney

84. 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.

Meaning and scope of Section 84

Section 84 creates a statutory presumption regarding the execution and authentication of a qualifying power-of-attorney. Where the document on its face purports to be a power-of-attorney and also purports to have been executed before and authenticated by an authority named in the section, the Court is required to presume that it was so executed and authenticated.

The expression "shall presume" is significant. Under the Bharatiya Sakshya Adhiniyam, when the Court is directed to presume a fact, it must regard that fact as proved unless and until it is disproved. The presumption under Section 84 therefore assists proof of due execution and authentication, while remaining rebuttable by contrary evidence.

Authorities recognised under Section 84

The presumption applies where the power-of-attorney purports to have been executed before and authenticated by any of the following:

a Notary Public;
any Court;
a Judge;
a Magistrate;
an Indian Consul;
an Indian Vice-Consul; or
a representative of the Central Government.

What the presumption covers

Issue	Effect of Section 84
Nature of document	The document must purport to be a power-of-attorney.
Execution	The Court shall presume that the document was executed before the stated recognised authority.
Authentication	The Court shall presume that the recognised authority authenticated the document.
Character of presumption	The presumption is rebuttable and may be displaced by evidence showing that execution or authentication did not occur as represented.

Practical importance

Powers of attorney are frequently relied upon in civil, commercial, property and litigation-related transactions. Section 84 reduces the need for separate proof of execution and authentication when the document satisfies the statutory conditions on its face. The provision therefore facilitates proof while still allowing a party to challenge the document by producing evidence sufficient to rebut the presumption.

Important: Section 84 concerns the evidentiary presumption as to execution and authentication. Questions such as the substantive authority granted by a particular power-of-attorney, registration requirements, stamp duty, validity of the underlying act, or compliance with any other applicable law must be considered separately where relevant.

Bharatiya Sakshya Adhiniyam, 2023 and commencement

The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It replaced the Indian Evidence Act, 1872 for proceedings governed by the new law and came into force on 1 July 2024. Section 84 forms part of the group of provisions dealing with presumptions as to documents.

For the authoritative statutory text, see the official India Code source: India Code - Government of India.

Related BSA provisions

Readers may also refer to the neighbouring provisions on presumptions relating to government maps, collections of laws, electronic agreements, electronic records, electronic signatures, foreign judicial records, books, maps, charts and electronic messages.