IEA 86→BSA 88

IEA 86 to BSA 88: Presumption as to certified copies of foreign judicial records

Section 86 IEA (1872) replaced by Section 88 BSA (2023)

View IEA Section 86 →View BSA Section 88 →

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

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section8688
HeadingPresumption as to certified copies of foreign judicial recordsSame
Sub-sectionsNone2 sub-sections

IEA 86 and BSA 88: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 86, IEA 1872

86. Presumption as to certified copies of foreign judicial records.—The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s Dominions 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. An officer who, with respect to any territory or place not forming part of India or Her Majesty’s Dominions, is a Political Agent there for, as defined in section 3, clause (43), of the General Clauses Act, 1897 (10 of 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.
BSA 2023 (in force)

Section 88, BSA 2023

88. Presumption as to certified copies of foreign judicial records.—(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 (10 of 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.

When It Applies: IEA 86 vs BSA 88

Under IEA 86
  1. 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.
  2. 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.
  3. When those certification conditions are met, the court may presume that the certified copy of the foreign judicial record is genuine and accurate.
  4. 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.
Under BSA 88
  1. 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.
  2. 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.
  3. Once that certification is present, the court may presume under Section 88(1) BSA that the certified copy is genuine and accurate.
  4. 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

Section 86 IEA became Section 88 BSA on 1 July 2024 and is divided into Section 88(1) BSA and Section 88(2) BSA. The words on Her Majesty's Dominions were dropped, and the phrase not forming part of India reads beyond India in Section 88(1) BSA and outside India in Section 88(2) BSA. The rule for presuming certified copies of foreign judicial records to be genuine and accurate remains the same, and parties should cite Section 88 BSA for matters governed by the BSA.

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 ·