IEA 86 to BSA 88: Presumption as to certified copies of foreign judicial records
Section 86 IEA (1872) replaced by Section 88 BSA (2023)
IEA 86 to BSA 88 at a Glance
Section 86 IEA (Presumption as to certified copies of foreign judicial records) is now Section 88 BSA, in force from 1 July 2024. What changed is set out below.
What Changed From IEA 86 to BSA 88?
Section 86 of the Indian Evidence Act, 1872 became Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The words on "Her Majesty's Dominions" were dropped, and "not forming part of India" reads "beyond India" and "outside India". The text is now in sub-sections.
IEA 86 vs BSA 88: Comparison Table
| Aspect | IEA 1872 (repealed) | BSA 2023 (in force) |
|---|---|---|
| Section | 86 | 88 |
| Heading | Presumption as to certified copies of foreign judicial records | Same |
| Sub-sections | None | 2 sub-sections |
IEA 86 and BSA 88: Bare Act Text Side by Side
Section 86, IEA 1872
Section 88, BSA 2023
When It Applies: IEA 86 vs BSA 88
- A party produces a document in court that appears to be a certified copy of a judicial record from a country outside India and outside Her Majesty's Dominions.
- A Central Government representative in or for that foreign country certifies that the copy was certified in the manner used in that country for judicial records.
- When those certification conditions are met, the court may presume that the certified copy of the foreign judicial record is genuine and accurate.
- An officer who is a Political Agent for a territory or a place outside India and outside Her Majesty's Dominions under the General Clauses Act, 1897, in section 3, clause (43), counts as a Central Government representative for that country.
- A party presents a document in court that appears to be a certified copy of a judicial record from a country beyond India under Section 88(1) BSA.
- A Central Government representative in or for that foreign country certifies that the certification method used on the copy is the method normally used in that country for judicial records.
- Once that certification is present, the court may presume under Section 88(1) BSA that the certified copy is genuine and accurate.
- Under Section 88(2) BSA, an officer who is a Political Agent for a territory or a place outside India, as defined under the General Clauses Act, 1897 under clause (43) of section 3, is treated as a Central Government representative for that country.
What IEA 86 to BSA 88 Means in Practice
FAQs: IEA 86 to BSA 88
What wording changed when Section 86 IEA became Section 88 BSA?▼
Section 88 BSA dropped the words on Her Majesty's Dominions that appeared in Section 86 IEA. In addition, the phrase not forming part of India was replaced with beyond India in Section 88(1) BSA and outside India in Section 88(2) BSA, and the word there for became therefor.
How did the structure of Section 86 IEA change in Section 88 BSA?▼
Section 86 IEA was written as unnumbered paragraphs. Section 88 BSA places those parts into numbered sub-sections as Section 88(1) BSA and Section 88(2) BSA.
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 ·