Section 92
Presumption as to documents thirty years old
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter V: Of documentary evidence), with the matching section of the Indian Evidence Act, 1872.
Section 92, official text
Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person's handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.
Explanation.—The
Explanation to section 80 shall also apply to this section.
Illustrations.
(a) 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 shall be proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody shall be proper.
(c) A, a connection of B, produces deeds relating to lands in B's possession, which were deposited with him by B for safe custody. The custody shall be proper.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 92 replaces Section 90 of the Indian Evidence Act, 1872 (“Presumption as to documents thirty years old”). The wording is largely the same, with drafting changes such as renumbered or lettered sub-clauses and updated terms. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 90 — Presumption as to electronic messages
- Section 91 — Presumption as to due execution, etc., of documents not produced
- Section 93 — Presumption as to electronic records five years old
- Section 94 — Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 92