Presumption as to documents thirty years old.
What this section does
Where a document purporting or proved to be thirty years old is produced from proper custody, the Court may presume that signatures and handwriting are genuine and that the document was duly executed and attested. This is a discretionary presumption ('may presume'). The Explanation to section 80 of BSA applies, and illustrations clarify what constitutes 'proper custody'.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
A thirty-year-old document from proper custody raises a discretionary presumption of genuineness of signature, handwriting, execution, and attestation.
When it applies
- A produces title deeds thirty years old from his own custody relating to land in his possession — the Court may presume due execution and attestation.
- A mortgagee produces thirty-year-old deeds relating to mortgaged property in the mortgagor's possession — custody is proper and the presumption may apply.
Practitioner note
The presumption is discretionary; the Court is not bound to draw it. 'Proper custody' does not mean the safest or most natural custody, but custody that is reasonable and natural in the circumstances.
Derived from IEA s.90.
Read the official text
For the binding statutory text of BSA Section 92, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 92 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.