Presumption as to certified copies of foreign judicial records
AI Assist
Summary
If a document purports to be a certified copy of a foreign judicial record and a Central Government representative in that country confirms the method of certification is the usual local practice, the court may presume the copy is genuine and accurate. A Political Agent for a territory outside India is treated as such a representative.
Example
Priya files a certified copy of a German court order in a civil suit in India. The Indian consular representative in Germany confirms the stamp-and-sign method used is the common local practice, so the court may accept the copy as genuine without requiring further proof.
Bare Act
Enacted text(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897, shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.
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