The Court shall presume to be genuine every documents purporting to be a certificate, certified copy, or other document,

• which is declared as a admissible by law as evidence of any particular fact which purports to be duly certified by any officer of the Central, or State Government

• that such document is substantially in the form and purports to be executed in the manner directed by the law in that behalf

The Court shall also presume the official character of any officer by whom such documents purports to be signed as claimed by him, was held by him

In respect of the following documents produced before the court-

• documents purporting to be a record or memorandum of the evidence, or

• any part of the evidence given by a witness in a judicial proceeding or

before any officer authorised by law to take such evidence, or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate or by any such officer as aforesaid

the Court shall presume-

• that the document is genuine;

• that any statement as to the circumstances under which it was taken, purporting to be made by the person signing it as true, and

• that such evidence, statement or confession was duly taken.

The Court shall presume the genuineness of every electronic record purporting to be the official Gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.

The term 'proper custody' is defined under Section 90A.

The court shall presume that maps or plans purporting to be made by the authority of the central Government or any State Government were so made, and are accurate; but Maps or plans made for the purposes of any cause must be proved to be accurate

The Court shall presume the genuineness of every book purporting to be printed or published under the Authority of the Government of any country, and to contain the laws of that country. And of every book purporting to contain reports of decisions of the Courts of such country.

The Court shall presume that every document purporting to be a power of attorney and to have been executed before, and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice Consul, or representatives of the Central Government, were so executed and authenticated.

The Court shall presume that every electronic record purporting to be an agreement containing the digital signatures of the parties was so concluded by affixing the digital signatures of the parties.

1. In any proceedings 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 any proceedings, involving secure digital signature, the Court shall presume, unless the contrary is proved that-

   1. the secure digital signature is affixed by subscriber with the intention of signing or approving the electronic record;

   2. except in the case of secured electronic record or a secure digital signature, nothing in this Section shall create any presumption relating to authenticity and integrity of the electronic record or any digital signature

The Court shall presume, unless the contrary is proved, that the information listed in the digital signature Certificate is correct, except for information specified as subscriber information, which has not been verified, if the certificate was accepted by the subscriber.

The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India is genuine and accurate if the document purport to be certified in any manner, which is certified by any representative of the Central Government in or for such country commonly in use in that country for the certification of copies of judicial records.

The Court may presume that any book to which it may refer or information for matter 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, and written and published by the person and at the time and place, by whom or at which it purports to have been written or published.

The Court may presume that a message forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent.

But the Court shall not make any presumption as to the person by whom such message was delivered for transmission.

The court may presume that an electronic message forwarded by the originator though an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message As fed into the computer for transmission.

But the Court shall not make any presumption as to the person by whom the message was sent.

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.

Where any document, purporting to be proved to be thirty years of old, is produced from any custody, which the Court in the particular case considers proper, the Court may presume that the signature and every part of that document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of document executed attested, that it was duly executed or attested by the persons by whom it purports to be executed and attested.

Explanation:- Documents are said to be in proper custody if they are in the place in which, and under the care of the persons with whom they would naturally be. But no custody is improper, if it proved to have a legitimate origin, or if the circumstances of that particular case are such as to render such an origin probable.

Illustrations

1. A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper.

2. A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper.

3. A, a connection to B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody is proper.

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 the digital signature which purports to be the digital signature of any particular person was so affixed by him or any person authorised by him in this behalf

Explanation:- Electronic records are said to be in proper custody, if they are in the place in which, and under the care of the person with whom, they naturally be, but no custody is improper if it is proved to have had a legitimate origin, or the circumstances of the particular case are such as to render such an origin possible