Section 76 Bharatiya Sakshya Adhiniyam, 2023: Proof of documents by production of certified copies

Section 76 of Bharatiya Sakshya Adhiniyam, 2023: Proof of documents by production of certified copies

Official Bare Act Text

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

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

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

Court Sec 2(1)(a) Document Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 76

Section 76 establishes that certified copies issued under Section 75 may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Direct Proof of Public Record: Permits production of certified copies in court to prove the contents of original public documents, dispensing with production of voluminous official archives.
Substantive Admissibility: Treated as legal proof of the public transaction recorded therein without summoning the recording public officer.
Integration with Section 60(e): Operates as a primary statutory exception to the requirement of producing original documents.

Key Landmark Precedents:

Madame Rochi v. State of Goa (1998): Affirmed that production of a certified copy of a court order or public register satisfies the requirement of proving the public document under Section 77 IEA (Section 76 BSA).
State of Haryana v. Ram Singh (2001) 6 SCC 254: Held that certified copies of sale deeds can be produced in land acquisition proceedings to establish comparable market value under statutory rules.

Courtroom Practice & Strategic Litigation Guidance:

In land acquisition or property title litigation, tender certified copies of registered exemplar deeds obtained from the Sub-Registrar under Section 76; you do not need to summon the original vendors or buyers to prove basic transaction consideration.