Code: Section 80 – Bharatiya Sakshya Adhiniyam, 2023
The Court shall presume the genuineness of every document purporting to be
the Official Gazette, or to be a newspaper or journal, and of every document purporting to be
a document directed by any law to be kept by any person, if such document is kept
substantially in the form required by law and is produced from proper custody.
Explanation.—For the purposes of this section and section 92, document is said to
be in proper custody if it is in the place in which, and looked after by the person with whom
such document is required to be kept; but no custody is improper if it is proved to have had
a legitimate origin, or if the circumstances of the particular case are such as to render that
origin probable.
Explanation of Section 80 BSA
Section 80 of the Bharatiya Sakshya Adhiniyam (BSA) addresses the presumption of genuineness for certain classes of documents. It simplifies legal proceedings by allowing the court to presume that certain documents are genuine, provided they are kept in a form required by law and are produced from proper custody.
This section applies to:
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Official Gazettes,
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Newspapers or journals,
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Documents required by law to be maintained by any person.
What Is “Proper Custody”?
As defined in the explanation to this section (and also referenced in Section 92), proper custody means that the document:
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Is kept in the designated location, and
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Is maintained by the designated authority or person.
However, even if not strictly stored as required, custody can still be considered proper if there is evidence of a legitimate origin or if the circumstances suggest it is likely to have originated properly.
Illustration
Example 1: Presumption of an Official Gazette
A government-issued notification is presented in court as published in the Official Gazette. Under Section 80, the court will presume its genuineness without further proof.
Example 2: Newspaper as Evidence
A party submits a newspaper article to show that a public notice was made. The court presumes the document to be genuine under Section 80.
Example 3: Legally Maintained Document
A statutory register maintained by a company under applicable law is produced in court. As long as it is in the correct form and custody, the court shall presume it to be genuine.
Common Questions and Answers on Section 80 BSA
1. What documents fall under Section 80 BSA?
Official Gazettes, newspapers or journals, and documents required by law to be maintained by any person.
2. Does the court require proof of authenticity for these documents?
No. The court shall presume these documents are genuine if they meet the required form and are produced from proper custody.
3. What is meant by “proper custody”?
It refers to the place and person legally responsible for maintaining the document. Custody may still be considered proper if it can be shown the document has a legitimate origin.
4. Can this presumption be challenged?
Yes. Though the court initially presumes the document is genuine, the opposing party may present evidence to rebut the presumption.
5. Why is this section important in trials?
It reduces the burden of proof for commonly accepted public and official documents, making legal processes more efficient.
Conclusion
Section 80 of the Bharatiya Sakshya Adhiniyam serves to streamline court proceedings by allowing presumptions of authenticity for certain classes of documents. This facilitates smoother evidentiary processes for documents like government notifications and statutory registers. Legal professionals and litigants should understand its application to make effective use of this provision in legal proceedings.
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