Section 75 BSA: Certified copies of public documents

Bharatiya Sakshya Adhiniyam, 2023

Section 75 BSA at a Glance

Section 75 BSA deals with certified copies of public documents. It replaced Section 76 IEA on 1 July 2024.

Was IEA

Section 75 BSA Bare Act Text

75. Certified copies of public documents
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation
Any officer who, by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

Source: Section 75, Bharatiya Sakshya Adhiniyam, 2023

Section 75 BSA in Simple Words

Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 lets a person obtain a certified copy of a public document when that person holds a right to inspect the document. When the person demands a copy and pays the required legal fees, the public officer who has custody of the public document must give the copy.

Under Section 75 BSA, the public officer has to write a certificate at the bottom of the copy. This certificate must state that the copy is a true copy of the document or a part of it. The officer must date the certificate and sign it (subscribe it) with the name and official title of the officer. Whenever the law authorises the officer to use a seal, the certificate must also be sealed. Copies certified in this way are called certified copies.

The Adhiniyam also clarifies who is treated as having custody (official keeping and control) of the public document. Any officer who is authorised in the regular course of official duty to issue such copies is treated by law (deemed) as having custody of those documents under Section 75 BSA.

When Section 75 BSA Applies

A person holds a right to inspect a public document kept by a public officer.
The person demands a copy of the public document and pays the required legal fees.
The public officer writes a certificate at the bottom of the copy confirming that the copy is a true copy, dates and signs it with the name and official title of the officer, and seals it if the law allows the officer to use a seal.
An officer whose regular official duty includes issuing such copies is treated by law as having custody of the public documents.

Example of Section 75 BSA

In August 2024, Anita needs a copy of a land revenue record in Bhopal that members of the public hold a right to inspect. At the revenue office in Bhopal, Anita demands a copy of the record and pays the legal fee to Ramesh, the public officer authorised in regular official duty to issue such copies. Ramesh gives the copy with a dated certificate at the bottom stating that the copy is a true copy, signed with the name and official title of the officer and stamped with the official seal. Under Section 75 BSA, the copy of the land revenue record is a certified copy.

Section 75 BSA in the IEA (Previous Law)

Section 75 BSA replaces Section 76 IEA from the old criminal code.

Section 76 of the Indian Evidence Act, 1872 became Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Spelling edits only.

View IEA Section 76 →Compare IEA 76 vs BSA 75 →

FAQs on Section 75 BSA

What is Section 75 BSA?▼

Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 entitles a person to obtain a certified copy of a public document that the person holds a right to inspect. When the person demands a copy and pays the legal fees, the public officer in custody of the document must issue a copy with a dated and signed certificate at the bottom.

What details must a public officer put on the certificate under Section 75 BSA?▼

A true copy statement, date, signature, official title, and seal where required. The officer must write a certificate at the bottom of the copy stating that the copy is a true copy of the document or part of it, and must date and sign it with the name and official title of the officer. If the law authorises the officer to use a seal, the certificate must also be sealed.

Does Section 75 BSA apply to an officer whose regular duty is issuing copies?▼

Yes. Under the Explanation to Section 75 BSA, an officer who is authorised in the ordinary course of official duty to deliver such copies is treated by law as having custody of the public documents.

Are legal fees required to get a certified copy under Section 75 BSA?▼

Yes. Section 75 BSA requires the public officer to provide the copy on demand and upon payment of the legal fees for it.

What is Section 75 BSA in IEA?▼

Section 76 IEA. Section 75 BSA replaced Section 76 IEA on 1 July 2024 with no substantive change and only minor spelling edits.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·