Presumption as to Gazettes, newspapers, and other documents
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Summary
Courts will presume genuine any document that appears to be the Official Gazette, a newspaper or journal, or any record a law requires someone to keep, if it is in the form the law expects and comes from proper custody. Proper custody means it is kept where and by the person required to keep it, though custody is acceptable if a legitimate origin is proved or is likely. The presumption can be rebutted by contrary evidence.
Example
Ravi keeps a stock register at his shop because law requires it. He produces the register from where it is kept and it is in the required form. The court will presume the register is genuine unless someone produces evidence to the contrary.
Bare Act
Enacted textThe Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
Explanation.-For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.
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