Code: Section 75 – Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Every public officer having the custody of a public document, which any person
has a right to inspect, shall give that person on demand a copy of it on payment of the legal
fees therefor, together with a certificate written at the foot of such copy that it is a true copy
of such document or part thereof, as the case may be, and such certificate shall be dated and
subscribed by such officer with his name and his official title, and shall be sealed, whenever
such officer is authorised by law to make use of a seal; and such copies so certified shall be
called certified copies.
Explanation.—Any officer who, by the ordinary course of official duty, is authorised
to deliver such copies, shall be deemed to have the custody of such documents within the
meaning of this section.
Explanation of Section 75 BSA
Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 establishes the legal procedure for obtaining certified copies of public documents. It ensures transparency and public access to official records while maintaining the authenticity and evidentiary value of such documents.
Under this section:
- Any person who has a legal right to inspect a public document can request a copy from the public officer who has custody of it.
- The officer must provide a certified copy upon payment of the prescribed legal fee.
- The certified copy must include:
- A statement that it is a true copy of the original or part thereof.
- The date of certification.
- The name and official title of the certifying officer.
- A seal, if the officer is authorized by law to use one.
The Explanation clarifies that even if an officer is not the creator of the document, they are considered to have custody of it if they are officially authorized to deliver certified copies as part of their duties.
Illustration
Example: Requesting a Certified Copy of a Land Record
An individual wants to obtain a certified copy of a land ownership record maintained by the local revenue department. Under Section 75:
- They apply to the designated officer and pay the required fee.
- The officer issues a copy of the land record, certifies it as a true copy, signs and dates it, and affixes an official seal (if authorized).
- This certified copy is legally valid and can be used in court or for administrative purposes.
Common Questions and Answers on Section 75 BSA
1. What is a certified copy under Section 75?
A certified copy is an officially verified reproduction of a public document, bearing a certification from the officer that it is a true copy of the original.
2. Who can request a certified copy?
Any person who has a legal right to inspect the original public document can request a certified copy.
3. Is a certified copy admissible in court?
Yes, certified copies of public documents are admissible as secondary evidence in legal proceedings.
4. Can any public officer issue a certified copy?
Only those officers who have custody of the document or are authorized to issue certified copies as part of their official duties can issue such copies.
5. Is payment necessary for obtaining a certified copy?
Yes, the law requires payment of prescribed legal fees before a certified copy can be issued.
Conclusion
Section 75 of the Bharatiya Sakshya Adhiniyam facilitates public access to official records while ensuring that such records maintain their legal validity when used as evidence. It strikes a balance between transparency, accountability, and the integrity of public documentation.
For more information on evidentiary law and document certification, visit ApniLaw.
