IEA 78 Is Now BSA 77: Proof of Other Official Documents

Aspect	IEA 1872 (repealed)	BSA 2023 (in force)
Section	78	77
Heading	Proof of other official documents	Same
Sub-sections	6 sub-sections	None

IEA 78 and BSA 77: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 78, IEA 1872

78. Proof of other official documents.—The following public documents may be proved as follows:— (1) Acts, orders or notifications of the Central Government in any of its departments, or of the Crown Representative or of any State Government or any department of any State Government,— by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by order of any such Government or, as the case may be, of the Crown Representative; (2) the proceedings of the Legislatures,— by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned; (3) proclamations, orders or regulations issued by Her Majesty or by the Privy Council, or by any department of Her Majesty’s Government,— by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s Printer; (4) the Acts of the Executive or the proceedings of the Legislature of a foreign country,— by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some Central Act: (5) the proceedings of a municipal body in a State,— by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (6) public documents of any other class in a foreign country,— by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.

BSA 2023 (in force)

Section 77, BSA 2023

77. Proof of other official documents.—The following public documents may be proved as follows:— (a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration— (i) by the records of the Departments, certified by the head of those Departments respectively; or (ii) by any document purporting to be printed by order of any such Government; (b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned; (c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette; (d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act; (e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.

When It Applies: IEA 78 vs BSA 77

Under IEA 78

When proving Central Government, State Government, department, or Crown Representative Acts, orders, or notifications, a party can use department records certified by the department head or documents printed by official order.
When proving legislative proceedings, a party can use the journals of those legislatures, published Acts or abstracts, or copies printed by order of the Government concerned.
When proving proclamations, orders, or regulations issued by the Crown, the Privy Council, or a department of that government, a party can use copies or extracts in the London Gazette or copies from the printer to the Queen.
When proving municipal body proceedings in a State, a party can use a copy of the proceedings certified by their legal keeper or a printed book published under the authority of that municipal body.
When proving foreign executive Acts, foreign legislative proceedings, or other foreign public documents, a party can use the specified journals, sealed copies, Central Act recognition, originals, or certified copies backed by a diplomatic or notary seal and proof of document character under foreign law.

Under BSA 77

When proving Acts, orders, or notifications of Central Ministries and Departments, State Governments and Departments, or a Union territory Administration, a party can produce Department records certified by the Department head or documents printed by Government order.
When proving proceedings of Parliament or a State Legislature, a party can produce the journals of those bodies, published Acts or abstracts, or copies printed by order of the Government concerned.
When proving proclamations, orders, or Regulations issued by the President of India, a State Governor, or a Union territory Administrator or Lieutenant Governor, a party can produce copies or extracts contained in the Official Gazette.
When proving municipal or local body proceedings in a State, a party can produce a copy of the proceedings certified by their legal keeper or a printed book published by the authority of that body.
When proving foreign executive Acts, foreign legislative proceedings, or other foreign public documents, a party can produce the specified journals, sealed copies, Central Act recognition, originals, or certified copies backed by a diplomatic or notary seal and proof of document character under foreign law.

What IEA 78 to BSA 77 Means in Practice

Section 78 IEA became Section 77 BSA on 1 July 2024, updating the rule to Indian authorities and removing the Crown Representative, the Crown, the Privy Council, and the London Gazette. A person in court can prove official records from Central Ministries, Union territory Administrations, and local bodies in addition to Central and State Departments and municipal bodies. Proclamations, orders, and Regulations of the President of India, a State Governor, or a Union territory Administrator or Lieutenant Governor are proved from the Official Gazette.

FAQs: IEA 78 to BSA 77

Does Section 77 BSA cover local bodies in addition to municipal bodies?▼

Yes. Section 78(5) IEA covered municipal bodies in a State, while Section 77(e) BSA covers both municipal and local bodies in a State.

What changed in Section 77 BSA for proving government proclamations?▼

Proclamations, orders, and Regulations are those of the President, a Governor, or an Administrator or Lieutenant Governor of a Union territory, proved from the Official Gazette, in place of the Crown, the Privy Council, and the London Gazette.

IEA 78 to BSA 77: Proof of other official documents

IEA 78 to BSA 77 at a Glance

What Changed From IEA 78 to BSA 77?

IEA 78 vs BSA 77: Comparison Table

IEA 78 and BSA 77: Bare Act Text Side by Side

When It Applies: IEA 78 vs BSA 77

What IEA 78 to BSA 77 Means in Practice

FAQs: IEA 78 to BSA 77