Section 78 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to genuineness of certified copies

Section 78 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to genuineness of certified copies

Official Bare Act Text

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

(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.

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

Court Sec 2(1)(a) Proved Sec 2(1)(f)

Legal Commentary & Landmark Judgments: Section 78

Section 78 mandates that the Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, declared by law to be admissible as evidence of any particular fact, establishing a mandatory presumption of authenticity.

Mandatory 'Shall Presume': The court is statutorily compelled to presume the genuineness of certified copies unless and until disproved by the adverse party.
Official Custody & Form: The document must be substantially in the form and executed in the manner directed by law, purporting to be signed by an authorized officer.
Presumption as to Officer's Status: The court shall also presume that the officer by whom it purports to be signed held the official character which they claimed.

Key Landmark Precedents:

Bhinka v. Charan Singh (AIR 1959 SC 960): The Supreme Court held that under Section 79 IEA (Section 78 BSA), the court is bound to draw a presumption of genuineness in favor of certified copies of official and revenue records.
Kaliya v. State of M.P. (2013) 10 SCC 758: Reiterated that certified copies issued by public authorities enjoy a statutory presumption of regularity under official duty rules.

Courtroom Practice & Strategic Litigation Guidance:

When you produce a certified copy of a court decree or revenue record, opposing counsel cannot demand that you summon the record keeper. Point the judge to the mandatory words 'shall presume' under Section 78 BSA.