Indian Evidence Law | Updated 20 October 2026

Section 85 Evidence Act: Presumption as to Powers of Attorney and BSA Section 84

A properly executed and authenticated power of attorney may benefit from a statutory presumption of authenticity. The relevant provision for proceedings governed by the Bharatiya Sakshya Adhiniyam, 2023 is Section 84, corresponding to Section 85 of the Indian Evidence Act, 1872.

Section 84 of the Bharatiya Sakshya Adhiniyam, 2023

Section 84, titled Presumption as to powers-of-attorney, requires a court to presume that a document appearing to be a power of attorney was duly executed and authenticated when it purports to have been executed before, and authenticated by, one of the authorities specified in the section.

Section 85 of the Indian Evidence Act, 1872

Under the former Section 85, the court was directed to presume that every document purporting to be a power of attorney, executed before and authenticated by a Notary Public, Court, Judge, Magistrate, Indian Consul, Vice-Consul or representative of the Central Government, was so executed and authenticated. The wording of the current Section 84 is materially the same.

The former text contained historical editorial amendments: the Adaptation of Laws Order, 1950 substituted "Indian" for "British" and removed obsolete references to the Crown; the Adaptation of Laws Order, 1937 substituted "Central Government" for "Government of India".

Meaning of the legal presumption

What is a power of attorney?

A power of attorney is an instrument by which a person (the principal) authorises another person (the attorney or agent) to act on the principal's behalf within the authority granted by the instrument. Its scope depends on its terms and the law applicable to the transaction.

What does "shall presume" mean?

Under Section 2 of the Bharatiya Sakshya Adhiniyam, "shall presume" generally means that the court must regard a fact as proved unless and until it is disproved. The presumption is therefore rebuttable, not conclusive.

Execution and authentication

Execution refers to the making or signing of the instrument by the person granting authority. Authentication involves verification or attestation by an authorised official. Merely having a signature or a notarial stamp may not resolve a dispute where the statutory requirements for execution before, and authentication by, the specified authority are not shown.

Practical application and limitations

• Presumption of due execution: An instrument satisfying Section 84 receives the statutory evidentiary benefit, subject to rebuttal.
• Authority must still be examined: The presumption does not enlarge the agent's powers beyond the terms of the instrument.
• Registration and stamping: Whether an instrument requires stamping, registration or additional formalities is governed by other applicable laws. Section 84 does not dispense with those requirements.
• Disputed or forged instruments: Evidence of forgery, lack of authority or defective authentication can be relevant to rebutting the presumption.
• Foreign execution: Authentication by an Indian Consul or Vice-Consul is expressly recognised, but the formal requirements of the particular transaction must still be assessed.

Illustrative example

A person authorises an agent to manage litigation and signs a power of attorney before a Notary Public, who authenticates its execution. If the document is produced in court and satisfies Section 84, the court must ordinarily presume that it was executed and authenticated in the stated manner, unless contrary evidence rebuts that presumption. Whether the agent is empowered to undertake a particular act remains a separate question.

Other applicable legal provisions

Depending on the purpose of the instrument, the Powers-of-Attorney Act, 1882, the Registration Act, 1908, the Indian Stamp Act, 1899 and applicable State stamp laws may also be relevant. An evidentiary presumption should not be confused with compliance with those independent legal requirements.

Official statutory sources

Read the Bharatiya Sakshya Adhiniyam, 2023 (official India Code PDF), particularly Sections 2, 84 and 170. The India Code portal provides official legislative texts and amendment information.

Conclusion

Section 85 of the Indian Evidence Act, 1872 and Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 establish an important evidentiary presumption for duly authenticated powers of attorney. The presumption simplifies proof of execution and authentication, but does not independently establish the scope of the agent's authority or eliminate other statutory formalities.

General legal information only. Applicability depends on the facts, procedural stage and relevant statutory requirements.