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CS Professional · Internal and Forensic Audit · Forensic Audit and Indian Evidence Law

A document is produced before the Court purporting to be a record of evidence, but it bears no signature of any Judge, Magistrate or authorised officer. A trainee forensic auditor asks whether Section 79 applies. What is the best answer?

Section 79 applies only if the document purports to be signed by a Judge, Magistrate or authorised officer. An unsigned record of evidence does not qualify, so the presumption is unavailable. Proper custody and the five-year rule belong to other sections.

  1. AThe presumption is available only where the document purports to be signed by a Judge, Magistrate or authorised officer, so it is not available hereCorrect
  2. BThe presumption is available because the document purports to record evidence, regardless of signature
  3. CThe presumption is available once the document is shown to be five years old
  4. DThe presumption is available if the document is kept in proper custody

Explanation

Section 79 requires the document to purport to be signed by a Judge, Magistrate or authorised officer. Without that, the conditions are not met. Proper custody is a condition of Sections 80 and 81, and the five-year rule relates to Section 93.

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