Presumption as to due execution, etc., of documents not produced
Non-production carries a cost. Where a document is called for and, despite a notice to produce, is not produced, the Court shall presume it was attested, stamped and executed in the manner required by law.
How to read Section 91
A mandatory starting presumption remains open to rebuttal.
The document was called for and was not produced after notice to produce.
Due attestation, stamping and execution are presumed as required by law.
“Shall presume” is rebuttable. The truth of the contents and later use under section 167 are separate issues.
The bare Act
The section in its own words — colour-keyed by what each phrase does.
The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law.
In short: When the statutory trigger is met, the Court shall presume due attestation, stamping and execution. Under section 2(1)(l), that means treating the fact as proved unless and until it is disproved. It does not make the document’s contents true, nor create an irrebuttable bar to all formal objections. Section 167 separately controls a withholding party’s later use of the document.
Correspondence: IEA section 89.
Glossary
Formally demanded in the proceeding.
The demand under § 64 to bring the original.
The holder fails to bring it — the trigger for the presumption.
Signed by witnesses as the law requires.
Bearing the required stamp duty.
Made with the formalities the law prescribes.
The picture
Notice and non-production trigger the presumption; “shall presume” does not mean conclusive proof.
The section, part by part
Tap a part — the picture-story tells it first; the word-by-word text and example follow.
the ruleWithhold it, and its regularity is presumed
why it works this wayNon-production must not pay
Connected provisions
Notice to produce
The notice whose non-compliance triggers this presumption.
Sources and reading note
BSA sections 2(1)(l), 91 and 167. Reasoning check: distinguish a rebuttable presumption from a restriction on later production.
Explanatory corrections reviewed on 24 September 2026. Statutory quotation and commentary are kept separate.
