Presumption as to documents produced as record of evidence, etc.

What this section does

When a document purporting to be a record or memorandum of evidence given in a judicial proceeding, or a statement or confession by a prisoner or accused taken in accordance with law, is produced before a court and purports to be signed by a Judge, Magistrate, or authorised officer, the court shall presume that the document is genuine, that statements about the circumstances of its taking are true, and that the evidence, statement, or confession was duly taken.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Courts must presume the genuineness, truthfulness of surrounding circumstances, and due taking of any judicial record of evidence or confession purportedly signed by a Judge, Magistrate, or authorised officer.

When it applies

• A confession recorded by a Magistrate under the Code of Criminal Procedure and produced in a sessions trial is presumed to be genuine and duly recorded without further proof.
• A memorandum of evidence recorded by a commission officer purportedly signed by that officer is presumed genuine and the circumstances stated therein are presumed true.

Derived from IEA s.80.