Section 274 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
⚖️ Section 274 – Presumption as to Documents Thirty Years Old
Bare Meaning:
When a document, that is 30 years old or more, is produced from proper custody, the court may presume that:
The document was duly executed (i.e., it was signed, sealed, or created properly), and
The document was authentic and genuine, meaning it was not forged or falsified.
🔍 Key Elements of Section 274
1. Document must be 30 years old or more
The document in question must be at least thirty years old from the date of its creation.
The age of the document is calculated up to the date it is first produced in court.
2. Must be produced from proper custody
“Proper custody” means the place or person where or with whom such a document naturally and reasonably would be found.
For example, if a family will is found with the family’s lawyer or legal heir, that is considered proper custody.
3. Presumption is not mandatory – it is discretionary
The court may presume its genuineness—it is not bound to presume.
If the court finds the document suspicious or doubts its origin, it may refuse to presume its authenticity.
📘 Purpose of Section 274
Ease of Proof: Old documents often have no surviving witnesses to prove their execution.
This section helps reduce the burden of proof for old documents.
It provides legal value to old records, allowing courts to accept them more readily.
🧠 Illustration
Suppose a person produces a registered property sale deed dated 1985 in court to prove ownership of land. The document is:
40 years old,
Comes from the family’s archives (proper custody),
Appears to have signatures and seals.
The court may presume that:
The deed was genuinely executed,
The seller actually signed it,
It was not forged.
This avoids the need to bring live witnesses from 1985, which may not even be possible.
⚠️ Limitations / Exceptions
If there are signs of tampering, forgery, or suspicion, the court can refuse the presumption.
This section only applies to documents, not to electronic records. (Note: Electronic records have a similar but separate provision, generally with a 5-year rule.)
✅ Conclusion
Section 274 of the Bharatiya Sakshya Adhiniyam, 2023 provides a legal presumption for the authenticity of 30-year-old documents, assuming they are from proper custody. It simplifies the evidentiary process by allowing the court to accept old documents as genuine without demanding strict proof of execution.
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