Section 91 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to due execution, etc., of documents not produced

Section 91 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to due execution, etc., of documents not produced

Official Bare Act Text

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

The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.

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

Court Sec 2(1)(a) Proved Sec 2(1)(f) Electronic Record Sec 61

Legal Commentary & Landmark Judgments: Section 91

Section 91 provides for the mandatory presumption that every document called for and not produced after notice to produce was attested, stamped, and executed in the manner required by law.

Adverse Withholding Penalty: Operates against a party who deliberately withholds an original document after receiving notice to produce under Section 64.
Mandatory Presumption of Validity: The court shall presume that the document was properly stamped, attested, and legally executed.
Protection of Compliant Litigant: Relieves the innocent party from proving stamp duty compliance or attestation formalities on a document suppressed by the adversary.

Key Landmark Precedents:

Kalyan Singh v. Chhoti (1990) 1 SCC 266: The Supreme Court held that where an adverse party fails to produce an original document in their custody despite notice, the court is entitled to presume proper execution and draw adverse inferences under Section 89 IEA (Section 91 BSA).
Marwari Kumhar v. Bhagwanpuri Guru Ganeshpuri (2000) 6 SCC 735: Affirmed that a party withholding an original cannot challenge secondary copies on technical grounds of inadequate stamping or attestation.

Courtroom Practice & Strategic Litigation Guidance:

If the defendant withholds the original partnership deed or loan agreement after your Section 64 notice, tender your copy and cite Section 91 BSA: the court is statutorily mandated to presume due execution, attestation, and proper stamping.