Section 160 Evidence Act 2011
Section 160 Evidence Act 2011 is titled ‘Presumption as to alternative‘. It is under Part X (PRESUMPTIONS AND ESTOPPEL) of the Act. It states as follows:
(1) No person producing any document which upon its face appears to have been altered in a material part can claim under it the enforcement of any right created by it, unless the alteration was made before the completion of the document or with the consent of the party to be charged under it or his representative in interest.
(2) Subsection (1) of this section shall extend to cases in which the alteration was made by a stranger, whilst the document was in the custody of the person producing it, but without his knowledge or leave.
(3) Alterations and interlineations appearing on the face of a deed, are in the absence of all evidence relating to them, presumed to have been made before the deed was completed.
(4) Alterations and interlineations appearing on the face of a will are, in the absence of all evidence relating to them, presumed to have been made after the execution of the will.
(5) There is no presumption as to the time when alterations and interlineations appearing on the face of writings not under seal were made except that it is presumed that they were so made that the making would not constitute an offence.
(6) An alteration is said to be material when, if it had been made with the consent of the party charged, it would have affected his interest or varied his obligations in any manner whatsoever.
(7) An alteration which in no way affects the rights of the parties or the legal effect of the instrument is immaterial.