PRESUMPTIONS AS TO DOCUMENTS

Reference: The Indian Evidence Act
Section 70 to 90

Sections 79 to 90 A deal with presumptions made in regard to documents, certificates and certified copies. The presumptions in Sections 79 to 85 and in Section 89 must be made. However, all these presumptions are rebuttable.
These presumptions made in Sections 79 to 90 A deal with a prima facie presumption of the genuineness of the documents in question and are based on the principles that:
1. It is assumed that an act by a public officer (who s under continual public scrutiny) is properly done. This is reflected in the maxim ‘Omnia praesumuntur rite esse acta’ which means that all acts are presumed to be rightly done and in Illustration (e) to Section 114 which says that it is presumed that judicial and official acts have been regularly performed.
2. The tradition which accepts that a person acting in an official capacity has been duly appointed.

Also see:

Presumption as to certified copies of foreign judicial records

Presumption as to books, maps and charts

Presumption as to telegraphic messages

Presumption as to documents produced as record of evidence

Presumption as to powers-of-attorney

Presumption as to collections of laws and reports of decisions

Presumption as to maps or plans made by authority of Government

Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

Presumption as to documents thirty years old

When facts not otherwise relevant become relevant