Section 84 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to powers-of-attorney

Section 84 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to powers-of-attorney

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 84

Section 84 establishes the mandatory presumption that every power-of-attorney purporting to be executed before, and authenticated by, a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, was so executed and authenticated.

Notarial Authentication Mandate: The power-of-attorney must purport to be executed before and authenticated by a recognized Notary Public or consular officer.
Presumption of Due Execution: The court shall presume that the executant signed the document and that the attorney was legally authorized.
Rebuttable Statutory Presumption: The burden of proving forgery or absence of authority shifts entirely to the party denying the power.

Key Landmark Precedents:

Syndicate Bank v. Gurudas Shenoy (2001): The Supreme Court affirmed that where a power of attorney is authenticated by a Notary Public, Section 85 IEA (Section 84 BSA) mandates the court to presume its due execution without calling the notary.
Kamala Rajamanikkam v. Sushila Mutha (AIR 1983 Mad 162): Held that authentication is distinct from mere attestation; the notary's certificate must show that the person executing the document was identified and executed it before the notary.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that powers of attorney executed overseas are apostilled or notarized before an Indian Consular officer and adjudicated before the Collector of Stamps within three months of arrival in India to enjoy the full benefit of Section 84.