Code: Section 78 of Bharatiya Sakshya Adhiniyam, 2023
(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.
Explanation of Section 78 BSA
Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 introduces a presumption of authenticity for documents that are certified by government officers, particularly documents that are recognized by law as admissible evidence.
Under this section:
- If a document is certified by an officer of the Central or State Government and is in the proper format, it is presumed to be genuine by the Court.
- The presumption applies to certificates, certified copies, or other documents deemed admissible as evidence of a particular fact.
- The document must be substantially in the form and manner required by law. If it meets these requirements, it will be assumed to be accurate and trustworthy unless proven otherwise.
This section simplifies legal proceedings by reducing the need to verify the authenticity of such documents each time they are used in court.
Illustration
Example: Admissibility of a Government-Issued Certificate
A person submits a government-issued birth certificate as evidence in a case. The birth certificate is duly certified by a registrar from the local government office. Under Section 78:
- The Court presumes the certificate to be genuine because it is certified by an authorized government officer.
- The document is admissible as evidence, and the Court does not need to question its authenticity unless there is a specific reason to do so.
Common Questions and Answers on Section 78 BSA
1. What does “presumed to be genuine” mean?
It means that the Court accepts the document as authentic without requiring further proof, as long as it follows the prescribed legal form and is certified by the appropriate officer.
2. Does Section 78 apply to all government-certified documents?
Yes, Section 78 applies to any document certified by an officer of the Central or State Government, provided it meets the legal requirements and is recognized as admissible evidence.
3. Can a certified document be contested in court?
Yes, while the Court presumes the document to be genuine, this presumption can be challenged if there is evidence suggesting it is not authentic.
4. Are there any specific conditions for the presumption of genuineness?
Yes, the document must be substantially in the form and manner required by law. If it does not meet these conditions, the presumption does not apply.
5. Does this section only apply to certificates?
No, it applies to any document that is certified by a government officer and is legally recognized as evidence, including certified copies.
Conclusion
Section 78 of the Bharatiya Sakshya Adhiniyam establishes a presumption of authenticity for documents certified by government officers. This provision streamlines legal procedures by reducing the need for extensive proof of authenticity, fostering efficiency in judicial proceedings.
For more insights on evidentiary laws and document certifications, visit ApniLaw.
