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BSA, 2023
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BSAChapter VSection 78
Section78

Presumption as to genuineness of certified copies

AI Assist

Summary

Court will presume genuine any document that purports to be a certificate, certified copy or other paper which law declares admissible and that appears to be duly certified by a Central or State government officer, if it follows the form and manner required by law. The court will also presume the signing officer held the official position when signing. The presumption stands unless rebutted.

Example

Priya obtains a certified copy of her property registration from the Sub-Registrar signed by an officer. When she files it in court to prove ownership, the court will presume the copy is genuine and that the officer held the stated office, so Priya need not separately prove the officer's signature unless it is challenged.

Bare Act

Enacted text

(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.

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V

Chapter V

Of Documentary Evidence

In this chapter

  • 56Proof of contents of documents
  • 57Primary Evidence
  • 58Secondary Evidence
  • 59Proof of documents by primary evidence
  • 60Cases in which secondary evidence relating to documents may be given
  • 61Electronic or digital record
  • 62Special provisions as to evidence relating to electronic record
  • 63Admissibility of electronic records
  • 64Rules as to notice to produce
  • 65Proof of signature and handwriting of person alleged to have signed or written document produced
  • 66Proof as to Electronic signature
  • 67Proof of execution of document required by law to be attested
  • 68Proof where no attesting witness found
  • 69Admission of execution by party to attested document
  • 70Proof when Attesting witness denies execution
  • 71Proof of document not required by law to be attested
  • 72Comparison of signature, writing or seal with others admitted or proved
  • 73Proof as to verification of digital signature
  • 74Public and private documents
  • 75Certified copies of public documents
  • 76Proof of documents by production of certified copies
  • 77Proof of other official documents
  • 78Presumption as to genuineness of certified copies
  • 79Presumption as to documents produced as record of evidence, etc
  • 80Presumption as to Gazettes, newspapers, and other documents
  • 81Presumption as to Gazettes in electronic or digital record
  • 82Presumption as to maps or plans made by authority of Government
  • 83Presumption as to collections of laws and reports of decisions
  • 84Presumption as to powersof-attorney
  • 85Presumption as to electronic agreements
  • 86Presumption as to electronic records and electronic signatures
  • 87Presumption as to Electronic Signature Certificates
  • 88Presumption as to certified copies of foreign judicial records
  • 89Presumption as to books, maps and charts
  • 90Presumption as to electronic messages
  • 91Presumption as to due execution, etc., of documents not produced
  • 92Presumption as to documents thirty years old
  • 93Presumption as to electronic records five years old
Previous · Section 77Proof of other official documentsNext · Section 79Presumption as to documents produced as record of evidence, etc