Presumption as to powers-of-attorney

Reference: The Indian Evidence Act
Section 85

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.

Notaries Public are officers who may take note of anything which concerns the public by attesting deeds etc. The Central Government is authorised to appoint Notaries Public within any local area under Section 138 of the NIA, 1881. And under Section 2 (21) of the Indian Stamp Act, a PoA includes any instrument empowering a specified person to act for and in the name of the person who executes it. The presumption in this Section applies to both local and foreign Notaries Public. Further, it was held in Re: Sladen, 1898, that the Section is an inclusive Section – it does not exclude other legal methods to prove a PoA.