Presumption as to documents produced as record of evidence
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Summary
When a document produced in court purports to be a record or memorandum of evidence, or a statement or confession by an accused taken according to law and signed by a judge, Magistrate or other authorised officer, the court will presume the document is genuine. The court will also presume that any statements by the signer about how it was taken are true, and that the evidence or confession was duly taken.
Example
Ravi is accused of shop theft. The prosecution produces a written confession signed by the Magistrate showing it was recorded according to legal procedure; the court will presume the confession is genuine, that the Magistrate's notes about how it was taken are true, and that it was 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 proceedings 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 statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.
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