Section 39 Presumption as to documents in certain cases of Foreign Exchange Management Act, 1999
Presumption as to documents in certain cases.
39. Where any document—
(i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law; or
(ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as may be prescribed) in the course of investigation of any contravention under this Act alleged to have been committed by any person,
and such document is tendered in any proceeding under this Act in evidence against him, or against him and any other person who is proceeded against jointly with him, the court or the Adjudicating Authority, as the case may be, shall—
(a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or 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 executed or attested by the person by whom it purports to have been so executed or attested;
(b) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence;
(c) in a case falling under clause (i), also presume, unless the contrary is proved, the truth of the contents of such document.
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- Section 1 Short title, extent, application and commencement.
- Section 2 Definitions.
- Section 3 Dealing in foreign exchange, etc.
- Section 4 Holding of foreign exchange, etc.
- Section 5 Current account transactions.
- Section 6 Capital account transactions.
- Section 7 Export of goods and services.
- Section 8 Realisation and repatriation of foreign exchange.
- Section 9 Exemption from realisation and repatriation in certain cases.
- Section 10 Authorised person.
- Section 11 Reserve Banks powers to issue directions to authorised person
- Section 12 Power of Reserve Bank to inspect authorised person.
- Section 13 Penalties.
- Section 14 Enforcement of the orders of Adjudicating Authority
- Section 14A [Power to recover arrears of penalty.
- Section 15 Power to compound contravention
- Section 16 Appointment of Adjudicating Authority.
- Section 17 Appeal to Special Director (Appeals).
- Section 18 [Appellate Tribunal.
- Section 19 Appeal to Appellate Tribunal.
- Section 20
- Section 21 [Qualifications for appointment of Special Director (Appeals).
- Section 22
- Section 23 [Terms and conditions of service of Special Director (Appeals).
- Section 24
- Section 25
- Section 26
- Section 27 [Staff of Special Director (Appeals).
- Section 28 Procedure and Powers of Appellate Tribunal and Special Director (Appeals)
- Section 29
- Section 30
- Section 31
- Section 32 Right of appellant to take assistance of legal practitioner or chartered accountant and of Government, to appoint presenting officers.
- Section 33 [Officers and employees, etc. to be public servant.
- Section 34 Civil court not to have jurisdiction
- Section 35 Appeal to High Court.
- Section 36 Directorate of Enforcement.
- Section 37 Power of search, seizure, etc.
- Section 38 Empowering other officers.
- Section 39 Presumption as to documents in certain cases
- Section 40 Suspension of operation of this Act
- Section 41 Power of Central Government to give directions.
- Section 42 Contravention by companies.
- Section 43 Death or insolvency in certain cases.
- Section 44 Bar of legal proceeding
- Section 45 Removal of difficulties.
- Section 46 Power to make rules.
- Section 47 Power to make regulations.
- Section 48 Rules and regulations to be laid before Parliament.
- Section 49 Repeal and saving.