​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Powers of Attorney [Section 84] 

Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the legal presumption relating to powers of attorney. A power of attorney is a formal legal instrument by which one person authorises another to act on his behalf. Since such documents play a significant role in civil and commercial transactions, the law provides a presumption to facilitate their acceptance and proof in court.

Statutory Provision
Section 84 provides that:

• The Court shall presume that every document purporting to be a power of attorney, and
• Purporting to have been executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government,
• Was duly executed and authenticated in the manner it claims.

Thus, once such a document is produced, the Court is bound to presume its due execution and proper authentication unless evidence to the contrary is led.

Essential Requirements for Raising the Presumption
For the presumption under Section 84 to operate, the following two conditions must be satisfied:

1. Nature of the Document
   • The document must purport to be a power of attorney, i.e., it should clearly indicate that authority has been conferred upon another person to act on behalf of the executant.
2. Execution and Authentication
   • The document must appear to have been executed before and authenticated by one of the authorities mentioned in the section, such as a Notary Public, Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the Central Government.

If a power of attorney does not mention execution before such an authority or lacks proper authentication, the statutory presumption cannot be invoked.

Proof of Power of Attorney
Apart from the presumption under Section 84, a power of attorney may also be proved by producing a certified copy issued in accordance with Section 4 of the Power of Attorney Act, 1882. This further eases the evidentiary burden on the party relying on the document.

Meaning and Scope of Power of Attorney
Under the Indian Stamp Act, a power of attorney includes any instrument by which a specified person is authorised to act for and in the name of the person executing it. Section 84 creates a presumption not only regarding the execution of such an instrument but also regarding its authentication by the designated authority.

Judicial Interpretation
In Jugraj Singh v. Jaswant Singh, the Supreme Court held that when a document purports to be a power of attorney and appears to have been executed before and authenticated by a Notary Public, the Court must presume that it was duly executed and authenticated. The Court also recognised the presumption of regularity of official acts, meaning that acts performed by public officials in their official capacity are presumed to have been done correctly.

Conclusion
Section 84 of the Bharatiya Sakshya Adhiniyam, 2023 significantly simplifies the proof of powers of attorney by creating a mandatory presumption in favour of their due execution and authentication. This provision promotes legal certainty and efficiency by reducing unnecessary technical challenges, while still allowing the presumption to be rebutted through credible contrary evidence.