Presumption as to due execution, etc., of documents not produced.
What this section does
When a document is called for by notice and not produced, the Court shall presume that it was attested, stamped, and executed in the manner required by law. This is a mandatory presumption ('shall presume') that operates against the party who fails to produce the document after notice. It prevents a party from benefiting from withholding a document.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Non-production of a document after notice raises a mandatory presumption of its due execution, attestation, and stamping.
When it applies
- A party serves a notice to produce a sale deed; the other side fails to produce it — the Court shall presume it was duly stamped, attested, and executed.
- A notice to produce a mortgage document is served; non-production leads to a presumption that all legal formalities for its execution were complied with.
Derived from IEA s.89.
Read the official text
For the binding statutory text of BSA Section 91, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 91 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.