Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence · Presumptions as to documents
Section 89: Presumption as to due execution, etc., of documents not produced
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
The court must presume that a document called for and not produced after notice was attested, stamped and executed as required by law.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.