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Supreme Court of India
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Criminal Law
Bare Acts
The Indian Evidence Act, 1872
Section 90-134
Section 101
Section 115
Section 118
Section 119
Section 133
Section 134
Section 90- Presumption as to documents thirty years old

Where any document, purporting or proved to be thirty years old is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the hand writing of any particular person, is in that person's hand writing, and in the case of document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.

Explanation - Documents are said to be in proper custody if they are in the place in which and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin or if the circumstances of the particular case are such as to render such an origin probable.

This explanation applies also to Section 81.

Illustrations

(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper.

(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody id proper.

(c) A, connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody is proper.

STATE AMENDMENT U.P.

The following amendments have been made by the U.P. Civil Laws Amendment Act,1954, and the same are applicable to U.P. only -

(1) The existing section shall be re-numbered as Section 90(1) and

(a) For the words "thirty years" the words "twenty years" shall be substituted, and

(b) The following shall be inserted there after as a new sub-section (2);

(2) "Where any such document as is referred to in sub-section (1) was registered in accordance with the law relating to registration of documents and a duly certified copy there of is produced, the Court may presume that the signature and every to her part of such document which purports to be in the hand writing of any particular person, is in that person's hand writing, and in the case of a document executed or attested, that it was duly executed and by the person by whom it purports to have been executed or attested"

(3) After Section 90, add the following as new Section 90-A.

     
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