Presumptions as to Documents Under the BSA (2026)
What the presumptions as to documents under the Bharatiya Sakshya Adhiniyam mean, including the thirty-year-old document rule, and how the old Indian Evidence Act sections map to the BSA. Last verified October 2026.
Explainer · BSA · Documentary Evidence
An old sale deed, a decades-old will, a gazette notification, a power of attorney: proving each of these from first principles, with the signatory in the witness box, is often impossible. The law of evidence solves this with presumptions as to documents, which let a court assume certain things so that genuine old records are not shut out. Since 1 July 2024 these rules live in the Bharatiya Sakshya Adhiniyam (BSA), which replaced the Indian Evidence Act. This explainer sets out what the presumptions are, how the thirty-year-old document rule works, and how the old sections map to the BSA. Last verified October 2026.
- What they are: rules that let a court presume things about a document (genuineness, due execution) without full proof, now in the BSA.
- Thirty-year document: BSA Section 92 (old Evidence Act Section 90), where the document is thirty years old and from proper custody.
- Discretionary: most document presumptions use "may presume" and are rebuttable.
- Common error: the thirty-year rule is BSA 92, not BSA 89 (which covers books, maps, and charts).
- Searching both: Claw searches 30 crore+ judgments by old or new section across 9,102 forums.
01The problem these rules solve
Documents are the backbone of civil litigation and much of criminal litigation too. But many documents are old. The person who signed a deed in 1970 may be dead. The clerk who issued a certified copy may be untraceable. If every old document had to be proved by live testimony, genuine records would routinely fail for want of a witness.
Presumptions as to documents fix this. They allow a court to presume, in defined situations, that a document is what it appears to be, shifting the practical burden to the person who disputes it. These rules were in Sections 79 to 90A of the old Indian Evidence Act. They now sit in the Bharatiya Sakshya Adhiniyam. For the wider change, see BSA vs the Indian Evidence Act.
02What a presumption as to documents means
A presumption as to a document is a rule that lets a court take something about the document as established without full proof. It is not a finding that the document is genuine. It is a starting assumption that the other side can rebut.
The BSA uses two kinds of language. Where it says the court "shall presume", the court must take the fact as proved unless it is disproved. Where it says the court "may presume", the court has a discretion. Many of the document presumptions use "may presume", so they are discretionary and depend on the facts, including whether the document comes from proper custody.
A presumption is not conclusive
A presumption about a document usually goes to how the document was made, for example that a signature is genuine or that it was duly executed. It does not presume that the contents are true. The other party can still challenge the document and lead evidence against it.
03The thirty-year-old document rule
The best-known presumption is for old documents. Under Section 92 of the BSA, where a document that is, or is proved to be, thirty years old is produced from custody the court considers proper, the court may presume that the signature and handwriting are genuine and that the document was duly executed and attested.
Two conditions matter. The document must be thirty years old or more, and it must come from "proper custody", meaning a place and a person where such a document would naturally be kept. A deed produced by the person who has long held the land, or by the mortgagee, is from proper custody. The rule covers traditional, non-electronic documents.
Watch the section number
Some online converters map the old Section 90 of the Evidence Act to BSA Section 89. That is wrong. Section 89 of the BSA deals with presumptions about books, maps, and charts. The thirty-year-old document presumption is Section 92. Always check the bare Act.
This is a renumbering of the old Section 90 of the Evidence Act, with the thirty-year threshold kept. The underlying idea, that age plus proper custody earns a document a presumption of regularity, is unchanged.
04Old Evidence Act to BSA mapping
The presumptions about documents moved as a group from the Evidence Act into the BSA. The most searched are mapped below. Read the full BSA section before relying on it.
| Presumption | Evidence Act (old) | BSA (new) |
|---|---|---|
| Genuineness of certified copies | 79 | 78 |
| Gazettes, newspapers and certain official documents | 81 | 80 |
| Powers of attorney | 85 | 84 |
| Books, maps and charts | 87 | 89 |
| Electronic messages | 88A | 87 |
| Document thirty years old, from proper custody | 90 | 92 |
Note how close, but not identical, the numbers are. The Evidence Act 65B certificate for electronic records is in a different part of the BSA, now Section 63, and electronic records also have their own presumption. See BSA vs the Evidence Act for the fuller list.
05What changed from the old law
For traditional documents, the change is mostly renumbering. The thirty-year rule, the custody requirement, and the "may presume" discretion all carry over. Old case law on Section 90 of the Evidence Act remains useful to understand Section 92 of the BSA.
The real shift is for electronic material. The BSA treats electronic and digital records as core documentary evidence and provides for presumptions about electronic records and electronic messages, reflecting how records are actually kept today. This is consistent with the BSA’s wider move to build electronic evidence into the heart of the law rather than treat it as an exception.
06Practical points
- Prove age and custody. For the thirty-year presumption, be ready to show the document is at least thirty years old and that it came from proper custody. The presumption is discretionary, so the facts matter.
- Remember it is rebuttable. A presumption shifts the practical burden, but the other side can still challenge the document. Do not treat a presumption as a final finding.
- Use the right section. Cite BSA Section 92 for the thirty-year document, not Section 89. Confirm each number against the bare Act.
- Electronic records are different. For emails, messages, and files, the admissibility certificate under BSA Section 63 and the electronic presumptions apply, not the thirty-year rule.
For related evidence topics, see secondary evidence under the BSA and burden of proof under the BSA.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
How courts apply a document presumption turns on case law, much of it decided under the old Evidence Act numbers while fresh rulings come under the BSA. Claw helps you work across both. You can search 30 crore+ judgments by section, party or advocate, with results in under 5 seconds, so you can find authority on Section 90 of the Evidence Act and on BSA Section 92 together. You can also track live cases across 9,102 courts, benches and forums, with automatic updates, cause lists, and WhatsApp and email alerts.
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Claw does not give legal advice and does not use customer case documents to train AI models. See also case search across Indian courts.
08Sources and further reading
- Bharatiya Sakshya Adhiniyam, 2023 (India Code): indiacode.nic.in
- BSA Section 92 (bare Act): advocatekhoj.com
- Ministry of Home Affairs: mha.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Presumptions turn on the facts and on the current text of each section, so check the official text and take advice from counsel for any specific case.
09Frequently asked questions
What is the presumption as to documents under the BSA?
It is a rule that lets a court presume certain things about a document, such as that a signature is genuine or that the document was duly executed, without strict proof. These presumptions are grouped in the Bharatiya Sakshya Adhiniyam and are usually discretionary and rebuttable.
Which BSA section covers a thirty-year-old document?
Section 92 of the BSA. Where a document is thirty years old or more and comes from proper custody, the court may presume the signature and handwriting are genuine and that it was duly executed and attested. It corresponds to the old Section 90 of the Evidence Act.
Is the thirty-year rule BSA Section 89 or 92?
It is Section 92. Section 89 of the BSA deals with presumptions about books, maps, and charts. Some online converters wrongly map the old Section 90 to Section 89, so check the bare Act.
What does "proper custody" mean?
It means the document comes from a place and a person where such a document would naturally and properly be kept. For example, title deeds produced by the long-time holder of the land, or by the mortgagee, are from proper custody.
Does the presumption make the contents of the document true?
No. The presumption generally goes to how the document was made, such as genuineness of signature and due execution, not to the truth of its contents. The other side can still challenge the document.
How do I find case law on document presumptions?
Search under both the old Evidence Act section and its BSA equivalent. Claw lets you search 30 crore+ judgments by section, party, or advocate across 9,102 courts and forums, with results in under 5 seconds.