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Indian evidence law | Updated 20 October 2026

Section 89 Evidence Act: Presumption as to Due Execution of Documents Not Produced

When a document is demanded by notice but not produced, the law requires the court to presume that it was properly attested, stamped and executed. The current provision is Section 91 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), corresponding to Section 89 of the Indian Evidence Act, 1872.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. Section 91 retains the substance of former Section 89. Applicability to pending proceedings is subject to the BSA's repeal and savings provisions.

What does Section 91 of the Bharatiya Sakshya Adhiniyam say?

Section 91 - Presumption as to due execution, etc., of documents not produced.

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.

The text corresponds to the former Section 89 of the Indian Evidence Act, 1872. It deals with formal regularity of a document that a person fails to produce after notice, rather than treating every allegation about the document as established.

Meaning of the important legal expressions

  • Shall presume: A statutory presumption that the court must draw once its conditions are satisfied, subject to the legally available opportunity to disprove it. See the definition of "shall presume" in Section 2 of the BSA.
  • Notice to produce: A legally relevant demand requiring a person to produce a specified document. Section 64 of the BSA addresses notice to produce in the context of secondary evidence.
  • Attested: Witnessed in the manner required by the law applicable to that kind of document.
  • Stamped: Bearing the stamp or stamp duty required under applicable stamp legislation.
  • Executed: Signed or otherwise formally completed in the legally required manner.

When does the presumption arise?

  1. A particular document has been identified and called for.
  2. A notice to produce has been given where legally required.
  3. The document has not been produced following that notice.
  4. The court is satisfied that the statutory conditions for applying the presumption are met.

The party relying on the provision should be able to establish the relevant notice and non-production. The presumption does not dispense with every separate rule concerning relevance, admissibility, the contents of documents or proof of disputed facts.

What is presumed - and what is not?

Formal execution, stamping and attestation

Section 91 is confined to the statutory matters it identifies: the required attestation, stamping and execution. It prevents a failure to produce a called-for document from automatically defeating a claim that its formalities were observed.

Not automatic proof of contents or ownership

The provision does not, merely by itself, establish that every statement in the missing document is true, that a disputed transaction occurred, or that the person withholding it committed an offence. The ordinary rules governing evidence and any applicable substantive law continue to matter.

Practical example

Suppose a party relies on a deed held by another party and issues a legally sufficient notice requiring its production. If the document is not produced after notice, Section 91 may require the court to presume that the deed was attested, stamped and executed in the manner required by law. Whether the deed establishes title, what its terms were, and whether other facts are proved remain separate questions.

Section 64 BSA: Deals with notice to produce when a party seeks to give secondary evidence in relevant circumstances. Section 60 BSA: Sets out cases in which secondary evidence relating to documents may be given. Section 67 BSA: Addresses proof of execution of documents required by law to be attested. These provisions must be applied according to their own conditions; Section 91 is not a substitute for them.

Historical provision: Section 89, Indian Evidence Act, 1872

The original article concerned Section 89 of the Indian Evidence Act, 1872, entitled Presumption as to due execution, etc., of documents not produced. Its rule was: "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." The BSA carries forward this wording in Section 91.

Official statutory references

This article provides general legal information. The applicable procedure, evidentiary record and transitional provisions should be checked for the individual case.