IEA 79→BSA 78

IEA 79 to BSA 78: Presumption as to genuineness of certified copies

Section 79 IEA (1872) replaced by Section 78 BSA (2023)

View IEA Section 79 →View BSA Section 78 →

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

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section7978
HeadingPresumption as to genuineness of certified copiesSame
Sub-sectionsNone2 sub-sections

IEA 79 and BSA 78: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 79, IEA 1872

79. Presumption as to genuineness of certified copies.—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, or by any officer in the State of Jammu and Kashmir who is duly authorized thereto by the Central Government: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. 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.
BSA 2023 (in force)

Section 78, BSA 2023

78. Presumption as to genuineness of certified copies.—(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.

When It Applies: IEA 79 vs BSA 78

Under IEA 79
  1. 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.
  2. 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.
  3. 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.
Under BSA 78
  1. 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.
  2. Under Section 78(1) BSA, the document purports to carry due certification by a Central Government officer or a State Government officer.
  3. 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

Section 79 IEA became Section 78 BSA on 1 July 2024, and its paragraphs are numbered as Section 78(1) BSA and Section 78(2) BSA. The phrase covering an officer in Jammu and Kashmir authorized by the Central Government was dropped, while the rest of the rule on presuming certified copies and the official character of the signing officer to be genuine remains the same. For matters governed by the BSA, a party should cite Section 78 BSA.

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 ·