Section 77 – Bharatiya Sakshya Adhiniyam (BSA) – Proof Of Other Official Documents.

Code: Section 77 – Bharatiya Sakshya Adhiniyam, 2023 (BSA)

The following public documents may be proved as follows:—

(a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration—
(i) by the records of the Departments, certified by the head of those Departments respectively; or
(ii) by any document purporting to be printed by order of any such Government;

(b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;

(c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;

(d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act;

(e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;

(f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.

Explanation of Section 77 BSA

Section 77 of the Bharatiya Sakshya Adhiniyam, 2023, outlines the methods for proving various types of public documents. This provision is essential for determining the admissibility of documents issued by government authorities—both domestic and foreign—without requiring the original in every instance.

Key Provisions:

1. Acts and Notifications of Governments:
   • Can be proved through certified departmental records or documents printed by government order.
2. Parliamentary or State Legislature Proceedings:
   • May be proved by official journals, printed Acts or abstracts, or officially printed copies.
3. Presidential or Gubernatorial Orders:
   • Proved through copies or extracts from the Official Gazette.
4. Foreign Legislative and Executive Acts:
   • May be proved using authenticated journals, certified copies under official seals, or through recognition by a Central Act.
5. Municipal or Local Body Proceedings:
   • Proved through certified copies from the legal custodian or official publications of such bodies.
6. Public Documents from Foreign Countries:
   • Require certification by the legal keeper along with a seal from a Notary Public or an Indian Consular Officer. Additional proof may be needed to establish the legal status of the document under the foreign country’s laws.

Illustration

Example:

A company is relying on a notification issued by the Ministry of Finance in a tax litigation case. Instead of calling a ministry official to court, it produces a printed copy of the notification from the Official Gazette. This is valid proof under Section 77(a)(ii).

In another case, a person seeks to prove the municipal resolution of a town planning authority. A certified copy issued by the municipal legal officer serves as admissible evidence under Section 77(e).

Common Questions and Answers on Section 77 BSA

1. What types of public documents does Section 77 cover? It covers acts, orders, proceedings, proclamations, and other official documents from Indian and foreign authorities.
2. Is a certified departmental copy mandatory? For government acts or orders, either a certified copy or an officially printed version suffices.
3. Can foreign documents be accepted in Indian courts? Yes, if they are certified properly and their legal status under foreign law is established.
4. Is the Official Gazette a valid source of proof? Yes, the Official Gazette is expressly mentioned as a method of proving orders, proclamations, and regulations.
5. Are municipal resolutions covered under Section 77? Yes, they can be proved by certified copies from the legal custodian or by publications of the local body.

Conclusion

Section 77 of the Bharatiya Sakshya Adhiniyam is a foundational rule for admitting public documents into evidence without unnecessary formalities. It simplifies court procedures by recognizing specific methods of certification and publication for various classes of public records. This section is crucial for proving official acts in both civil and criminal cases, as well as in administrative matters.

To explore more detailed breakdowns of Indian evidence law and legal practice, visit ApniLaw.