Presumption as to documents produced as record of evidence, etc
AI Assist
Summary
When a document is produced as a record or memorandum of evidence, or as a statement or confession, and it purports to be signed by a Judge, magistrate or other authorised officer, the court shall presume the document is genuine. The court also presumes any statements by the signer about the circumstances of taking it are true. It further presumes the evidence, statement or confession was duly taken.
Example
Priya gives a statement in a trial that is recorded and signed by the magistrate. The court will presume the signed record is genuine, accept the magistrate's notes about how it was taken as true, and treat the testimony as duly recorded.
Bare Act
Enacted textWhenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of 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-
(i) the document is genuine;
(ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and
(iii) such evidence, statement or confession was duly taken.
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