IEA 79 to BSA 78: Presumption as to genuineness of certified copies
Section 79 IEA (1872) replaced by Section 78 BSA (2023)
IEA 79 to BSA 78 at a Glance
Section 79 IEA (Presumption as to genuineness of certified copies) is now Section 78 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 79 to BSA 78?
Section 79 of the Indian Evidence Act, 1872 became Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The reference to "any officer in the State of Jammu and Kashmir" was dropped. Otherwise the same.
IEA 79 vs BSA 78: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 79 | 78 |
| Heading | Presumption as to genuineness of certified copies | Same |
| Sub-sections | None | 2 sub-sections |
IEA 79 and BSA 78: Bare Act Text Side by Side
Section 79, IEA 1872
Section 78, BSA 2023
When It Applies: IEA 79 vs BSA 78
- A party produces a paper in court that purports to be a certificate, a certified copy, or another document which the law declares admissible to prove a particular fact.
- The document purports to carry due certification by a Central Government officer, a State Government officer, or a Jammu and Kashmir State officer whom the Central Government duly authorized.
- An officer purports to have signed or certified the document while claiming an official character in that paper, and the court must presume the officer held that official character when signing.
- A party produces a paper in court that purports to be a certificate, a certified copy, or another document which the law declares admissible to prove a particular fact.
- Under Section 78(1) BSA, the document purports to carry due certification by a Central Government officer or a State Government officer.
- Under Section 78(2) BSA, an officer purports to have signed or certified the document while claiming an official character in that paper, and the court must presume the officer held that official character when signing.
What IEA 79 to BSA 78 Means in Practice
FAQs: IEA 79 to BSA 78
What wording from Section 79 IEA was dropped in Section 78 BSA?▼
The clause about an officer in Jammu and Kashmir duly authorized by the Central Government. Section 78(1) BSA refers to certification by a Central Government officer or a State Government officer, and the rest of the rule is unchanged.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·