Section 75 Bharatiya Sakshya Adhiniyam, 2023: Certified copies of public documents

Section 75 of Bharatiya Sakshya Adhiniyam, 2023: Certified copies of public documents

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 75

Section 75 provides that every public officer having the custody of a public document shall furnish certified copies thereof upon payment of legal fees, defining the statutory format and certificate of authenticity.

Right of Inspection & Copying: Any person having the legal right to inspect a public document is entitled to receive a certified copy upon payment of statutory fees.
Mandatory Certificate: The copy must contain a certificate written at the foot stating that it is a true copy, subscribed by the officer with their official name, title, and seal.
Foundation of Documentary Evidence: Certified copies so issued are deemed authentic and admissible as secondary evidence under Section 76.

Key Landmark Precedents:

C.H. Shah v. S.S. Malpathak (AIR 1973 Bom 14): The Bombay High Court held that a certified copy issued under Section 76 IEA (Section 75 BSA) carries statutory authenticity and proves the contents of the public record without calling the custodian.
Union of India v. Nihar Kanta Sen (1987) 3 SCC 465: Affirmed that certified copies of public records and notifications are admissible and prove themselves upon production.

Courtroom Practice & Strategic Litigation Guidance:

Ensure that any municipal, revenue, or court copy obtained bears the full certification stamp: 'Certified to be a true copy', date, signature, and official seal of the Copying Department. Without this exact statutory endorsement, the copy will be rejected.