Section 78 BSA: Presumption as to genuineness of certified copies

Bharatiya Sakshya Adhiniyam, 2023

Section 78 BSA at a Glance

Section 78 BSA deals with presumption as to genuineness of certified copies. It replaced Section 79 IEA on 1 July 2024.

Was IEA

Section 79 →

Section 78 BSA Bare Act Text

78. Presumption as to genuineness of certified copies

(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government:

Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.

Source: Section 78, Bharatiya Sakshya Adhiniyam, 2023

Section 78 BSA in Simple Words

Section 78 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, requires a court to presume that certain certified documents are genuine. When a party produces a certificate, a certified copy, or another document that the law declares admissible (allowed as evidence) to prove a particular fact, the court must treat that document as genuine.

Under Section 78(1) BSA, this presumption applies when the document purports (appears or claims on its face) to carry due certification from a Central Government officer or a State Government officer.

Section 78(1) BSA includes a proviso. The document must substantially follow the form directed by law for that purpose, and it must purport to have been executed in the manner that the law directs.

Under Section 78(2) BSA, the court must also make a presumption about the officer who purports to have signed or certified the paper. It must presume that, at the time of signing, the officer held the official character (official post or authority) claimed in that paper.

When Section 78 BSA Applies

  • A party produces a paper in court that purports to be a certificate, a certified copy, or another document which the law declares admissible to prove a particular fact.
  • Under Section 78(1) BSA, the document purports to carry due certification by a Central Government officer or a State Government officer.
  • Under Section 78(2) BSA, an officer purports to have signed or certified the document while claiming an official character in that paper, and the court must presume the officer held that official character when signing.

Example of Section 78 BSA

In August 2024, during a land hearing in a court in Pune, Priya produces a certified copy of an official land register entry that the law declares admissible to prove a particular fact. The paper purports to carry due certification from a State Government officer, substantially follows the form directed by law, and purports to have been executed in the legally directed manner. Under Section 78(1) BSA and Section 78(2) BSA, the court must presume that the certified copy of the official land register entry is genuine and that the signing officer held the official character claimed in that paper.

When Section 78 BSA Does Not Apply

  • The presumption in Section 78(1) BSA applies only provided that the document substantially follows the form directed by law and purports to have been executed in the legally directed manner.

Section 78 BSA in the IEA (Previous Law)

Section 78 BSA replaces Section 79 IEA from the old criminal code.

Section 79 of the Indian Evidence Act, 1872 became Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The reference to "any officer in the State of Jammu and Kashmir" was dropped. Otherwise the same.

FAQs on Section 78 BSA

What is Section 78 BSA?▼

Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 is the rule on the presumption of genuineness for certified copies and certificates. Under Section 78(1) BSA, the court must presume that an admissible certificate, certified copy, or other document purporting to carry due certification from a Central Government officer or a State Government officer is genuine, provided it follows the form and execution manner directed by law. Under Section 78(2) BSA, the court must also presume that the officer who signed or certified the paper held the official character claimed in it.

What does Section 78(2) BSA require the court to presume about the signing officer?▼

The official character claimed in the paper. Under Section 78(2) BSA, the court must presume that any officer who purports to have signed or certified the document held, at the time of signing, the official character claimed in that paper.

Does Section 78(1) BSA apply if the certified document does not follow the form directed by law?▼

No. The proviso to Section 78(1) BSA states that the presumption applies provided that the document substantially follows the form directed by law and purports to have been executed in the legally directed manner.

What is Section 78 BSA in IEA?▼

Section 79 IEA. Section 79 IEA became Section 78 BSA on 1 July 2024, with the reference to a Jammu and Kashmir State officer dropped and the rule otherwise remaining the same.

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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 ·