Bharatiya Sakshya Adhiniyam (BSA)

85. Presumption as to electronic agreements. The Court shall presume that every electronic record purporting to be an agreement containing the electronic or digital signature of the parties was so concluded by affixing the electronic or digital signature of the parties. Get the new BSA PDFRead…

Bharatiya Sakshya Adhiniyam (BSA)

86. Presumption as to electronic records and electronic signatures. (1) In any proceeding involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure electronic record has not been altered since the specific point of time to which the secure status relates. (2) In anyRead…

Bharatiya Sakshya Adhiniyam (BSA)

87. Presumption as to Electronic Signature Certificates. The Court shall presume, unless contrary is proved, that the information listed in an Electronic Signature Certificate is correct, except for information specified as subscriber information which has not been verified, if the certificate was accepted by the subscriber. Get the new BSARead…

Bharatiya Sakshya Adhiniyam (BSA)

88. Presumption as to certified copies of foreign judicial records. (1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certifiedRead…

Bharatiya Sakshya Adhiniyam (BSA)

89. Presumption as to books, maps and charts. The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts, and which is produced for its inspection,Read…

Bharatiya Sakshya Adhiniyam (BSA)

90. Presumption as to electronic messages. The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall notRead…

Bharatiya Sakshya Adhiniyam (BSA)

91. Presumption as to due execution, etc., of documents not produced. The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law. Get the new BSA PDFRead…

Bharatiya Sakshya Adhiniyam (BSA)

92. Presumption as to documents thirty years old. Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports toRead…

Bharatiya Sakshya Adhiniyam (BSA)

93. Presumption as to electronic records five years old. Where any electronic record, purporting or proved to be five years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the electronic signature which purports to be the electronic signatureRead…

Bharatiya Sakshya Adhiniyam (BSA)

CHAPTER VI – OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE 94. Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced toRead…

Bharatiya Sakshya Adhiniyam (BSA)

95. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statementRead…

Bharatiya Sakshya Adhiniyam (BSA)

96. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations: (a) A agrees, in writing, to sell a horseRead…

Bharatiya Sakshya Adhiniyam (BSA)

97. Exclusion of evidence against application of document to existing facts. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration: A sells toRead…

Bharatiya Sakshya Adhiniyam (BSA)

98. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration: A sells to B, by deed,Read…

Bharatiya Sakshya Adhiniyam (BSA)

99. Evidence as to application of language which can apply to one only of several persons. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons orRead…

Bharatiya Sakshya Adhiniyam (BSA)

100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not applyRead…