Section 77 BSA: Proof of other official documents

Bharatiya Sakshya Adhiniyam, 2023

Section 77 BSA at a Glance

Section 77 BSA deals with proof of other official documents. It replaced Section 78 IEA on 1 July 2024.

Was IEA

Section 77 BSA Bare Act Text

77. Proof of other official documents
The following public documents may be proved as follows:—
(a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration—
(i) by the records of the Departments, certified by the head of those Departments respectively; or
(ii) by any document purporting to be printed by order of any such Government;
(b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;
(c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;
(d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act;
(e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.

Source: Section 77, Bharatiya Sakshya Adhiniyam, 2023

Section 77 BSA in Simple Words

Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 sets out how specific classes of Indian and foreign official public documents can be proved in court.

Under Section 77(a) BSA, Acts, orders, or notifications of Central Ministries and Departments, State Governments and Departments, or a Union territory Administration can be proved by Department records certified by the respective Department head, or documents printed by Government order. Under Section 77(b) BSA, Parliamentary and State Legislature proceedings are proved by their journals, published Acts or abstracts, or copies printed by order of the Government concerned.

Under Section 77(c) BSA, proclamations, orders, or Regulations of the President of India, a State Governor, or a Union territory Administrator or Lieutenant Governor are proved by Official Gazette copies or extracts. Under Section 77(e) BSA, in a State, municipal or local body proceedings are proved by a copy certified by the legal keeper or an authorised printed book.

Under Section 77(d) BSA, foreign executive Acts and legislative proceedings are proved by official or accepted journals of that country, copies sealed by the foreign country or sovereign, or recognition in any Central Act. Under Section 77(f) BSA, other foreign public documents are proved by the original, or by a certified copy from the legal keeper with a sealed Notary Public, Indian Consul, or diplomatic certificate and proof of the document character under foreign law.

When Section 77 BSA Applies

When proving Acts, orders, or notifications of Central Ministries and Departments, State Governments and Departments, or a Union territory Administration, a party can produce Department records certified by the Department head or documents printed by Government order.
When proving proceedings of Parliament or a State Legislature, a party can produce the journals of those bodies, published Acts or abstracts, or copies printed by order of the Government concerned.
When proving proclamations, orders, or Regulations issued by the President of India, a State Governor, or a Union territory Administrator or Lieutenant Governor, a party can produce copies or extracts contained in the Official Gazette.
When proving municipal or local body proceedings in a State, a party can produce a copy of the proceedings certified by their legal keeper or a printed book published by the authority of that body.
When proving foreign executive Acts, foreign legislative proceedings, or other foreign public documents, a party can produce the specified journals, sealed copies, Central Act recognition, originals, or certified copies backed by a diplomatic or notary seal and proof of document character under foreign law.

Example of Section 77 BSA

In 2025, Priya needs to prove a notification of a State Government Department in a court case in Chennai. Priya obtains the Department record of that notification bearing the certification of the head of that Department. Priya produces the certified record before the court in Chennai. Under Section 77(a) BSA, the certified Department record can be used to prove the State Government Department notification.

Section 77 BSA in the IEA (Previous Law)

Section 77 BSA replaces Section 78 IEA from the old criminal code.

Section 78 of the Indian Evidence Act, 1872 became Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Updated to Indian authorities. Adds "Ministries", "Union territory Administration", and municipal "or local" bodies. Proclamations are now those of the President, a Governor, or an Administrator or Lieutenant Governor, proved from the Official Gazette, in place of Her Majesty, the Privy Council and the London Gazette. The Crown Representative was removed.

View IEA Section 78 →Compare IEA 78 vs BSA 77 →

FAQs on Section 77 BSA

What is Section 77 BSA?▼

Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 lists how different classes of Indian and foreign official public documents can be proved in court.

How can proceedings of Parliament or a State Legislature be proved under Section 77(b) BSA?▼

By the journals of Parliament or the State Legislature, by published Acts or abstracts, or by copies that purport to be printed by order of the Government concerned.

How are proclamations of the President or a Governor proved under Section 77(c) BSA?▼

By copies or extracts contained in the Official Gazette. The same rule applies to proclamations, orders, or Regulations issued by the Administrator or Lieutenant Governor of a Union territory.

How can a foreign public document not covered by Section 77(d) BSA be proved under Section 77(f) BSA?▼

By producing the original document, or by producing a copy certified by the legal keeper along with a sealed certificate from a Notary Public, Indian Consul, or diplomatic agent and proof of the character of the document under the foreign law.

What is Section 77 BSA in IEA?▼

Section 78 IEA was the corresponding section before 1 July 2024. Section 77 BSA updated Section 78 IEA to Indian authorities by removing the Crown Representative, replacing the Crown, the Privy Council, and the London Gazette with the President, a Governor, or a Union territory Administrator or Lieutenant Governor and the Official Gazette, and adding Ministries, Union territory Administrations, and local bodies.

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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 ·