Section 88 Bharatiya Sakshya Adhiniyam, 2023: Presumption as to certified copies of foreign judicial records

Section 88 of Bharatiya Sakshya Adhiniyam, 2023: Presumption as to certified copies of foreign judicial records

Official Bare Act Text

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

(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.

(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897, shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.

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

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 88

Section 88 provides for the presumption that certified copies of foreign judicial records are genuine and accurate if certified by a representative of the Central Government in or for that foreign country.

Foreign Judicial Records: Applies to judgments, decrees, and probate orders delivered by courts in foreign sovereign jurisdictions.
Consular or Diplomatic Certification: Must be certified by an Indian Ambassador, High Commissioner, or Consular Officer in that country.
Enforcement of Foreign Decrees: Operates alongside Section 13 and Section 44A CPC for enforcing foreign arbitral awards and judgments in India.

Key Landmark Precedents:

Roshan Lal v. R.B. Mohan Singh (1975): Held that where a foreign judicial record is certified by an authorized diplomatic representative under Section 86 IEA (Section 88 BSA), the court shall presume its genuineness.
Satya v. Teja Singh (1975) 1 SCC 120: Affirmed that foreign decrees are presumed genuine upon proper consular certification, though subject to fraud and jurisdictional scrutiny under Section 38.

Courtroom Practice & Strategic Litigation Guidance:

Before filing execution proceedings for a foreign commercial decree under Section 44A CPC, obtain a consular certificate from the Embassy of India in the originating country verifying the judicial record under Section 88.