Section 76 BSA: Proof of documents by production of certified copies

Bharatiya Sakshya Adhiniyam, 2023

Section 76 BSA at a Glance

Section 76 BSA deals with proof of documents by production of certified copies. It replaced Section 77 IEA on 1 July 2024.

Section 76 BSA Bare Act Text

76. Proof of documents by production of certified copies

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Source: Section 76, Bharatiya Sakshya Adhiniyam, 2023

Section 76 BSA in Simple Words

Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party prove the contents of a public document in court by producing a certified copy. A party can use a certified copy to prove either a complete public document or only a part of a public document.

Under Section 76 BSA, the certified copy produced before the court must purport to be a copy of that public document or that part of the record. Purport means that the document on its face states or appears to be a copy of the public document or part in question.

Because Section 76 BSA uses the permissive word may, a party can produce the certified copy to prove the contents of that public document or part.

When Section 76 BSA Applies

  • Applies when a party needs to prove in court the contents of a public document or a part of a public document.
  • Requires a certified copy that on its face claims or appears to be a copy of that public document or part.
  • Allows the party to produce that certified copy in court as proof of the contents.

Example of Section 76 BSA

In 2025, Anita needs to prove the contents of a public document in a court proceeding in Jaipur. Anita holds a certified copy that purports to be a copy of that public document. Anita presents the certified copy before the court in Jaipur. Under Section 76 BSA, the certified copy can be produced to prove the contents of that public document.

Section 76 BSA in the IEA (Previous Law)

Section 76 BSA replaces Section 77 IEA from the old criminal code.

Section 77 of the Indian Evidence Act, 1872 became Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

FAQs on Section 76 BSA

What is Section 76 BSA?โ–ผ

Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 lets a party produce certified copies in court to prove the contents of public documents or parts of public documents.

Can a party prove only a section or part of a public document under Section 76 BSA?โ–ผ

Yes. Section 76 BSA allows certified copies to be produced as proof of the contents of parts of public documents as well as full public documents.

What must a certified copy show on its face to be used under Section 76 BSA?โ–ผ

The certified copy must purport to be a copy of the public document, or the part of the public document, whose contents are being proved.

What is Section 76 BSA in IEA?โ–ผ

Section 77 IEA was the corresponding section before 1 July 2024. Section 77 IEA became Section 76 BSA on 1 July 2024 without any change in wording.

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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 ยท