Section 91 of BSA : Section 91: Presumption as to due execution, etc., of documents not produced.

Explanation using Example

Example 1:

Ravi is involved in a property dispute with his neighbor, Suresh. Ravi claims that he has a sale deed that proves his ownership of the disputed land. The court asks Ravi to produce the sale deed, but Ravi fails to do so despite being given notice to produce the document. Under Section 91 of The Bharatiya Sakshya Adhiniyam 2023, the court will presume that the sale deed, if it had been produced, would have been properly attested, stamped, and executed according to the law. This presumption can work against Ravi, as the court may infer that the document was not produced because it might not support his claim.

Example 2:

Meena is contesting a will that her late father allegedly signed, leaving all his property to her brother, Raj. Meena argues that the will is forged and demands that Raj produce the original document in court. Raj fails to produce the will despite receiving a notice to do so. According to Section 91 of The Bharatiya Sakshya Adhiniyam 2023, the court will presume that the will, if it had been produced, was properly attested, stamped, and executed as required by law. This presumption can be detrimental to Raj's case, as the court may suspect that the will was not produced because it might not be genuine or legally valid.