Section 80 BSA: Presumption as to Gazettes, newspapers, and other documents

Bharatiya Sakshya Adhiniyam, 2023

Section 80 BSA at a Glance

Section 80 BSA deals with presumption as to Gazettes, newspapers, and other documents. It replaced Section 81 IEA on 1 July 2024.

Was IEA

Section 81 →

Section 80 BSA Bare Act Text

80. Presumption as to Gazettes, newspapers, and other documents

The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

Explanation

For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.

Source: Section 80, Bharatiya Sakshya Adhiniyam, 2023

Section 80 BSA in Simple Words

Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to treat certain official and public documents as genuine. When a document appears on its face to be the Official Gazette, a newspaper, or a journal, the court must presume (accept as true) that the document is genuine.

Section 80 BSA also applies to any document that appears to be a record that any law requires a person to maintain. The court must presume that such a record is genuine if the record is kept largely in the form that the law requires and is brought to court from proper custody.

An Explanation in Section 80 BSA defines proper custody for both Section 80 BSA and Section 92 BSA (which covers the presumption for documents thirty years old). A document is in proper custody when it is kept in the required place and cared for by the person required to keep it. However, custody is not improper if a party proves a legitimate origin for the custody, or when the facts of the case make a legitimate origin likely.

When Section 80 BSA Applies

  • Applies when a document presented in court appears to be the Official Gazette, a newspaper, or a journal, requiring the court to presume it is genuine.
  • Applies when a document appears to be a record that a law requires a person to maintain, provided it is kept largely in the legal form and comes from proper custody.
  • Treats a document under Section 80 BSA or Section 92 BSA as being in proper custody when it is in the required place and under the care of the person required to keep it.
  • Treats custody as not improper when a legitimate origin is proved or when the case facts make a legitimate origin likely.

Example of Section 80 BSA

In October 2024, Farhan produces a statutory register in a court in Bengaluru that a labour law requires an employer to maintain. The register is kept in the legally required format and is brought from the office where the designated manager keeps it. Under Section 80 BSA, the document is in proper custody and follows the required legal form. Therefore, the court in Bengaluru must presume that the statutory register produced by Farhan is genuine.

Section 80 BSA in the IEA (Previous Law)

Section 80 BSA replaces Section 81 IEA from the old criminal code.

Section 81 of the Indian Evidence Act, 1872 became Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The London Gazette, colonial Gazettes and private Acts of the United Kingdom Parliament were dropped. A new Explanation defines "proper custody": where the document is "required to be kept", in place of the IEA's test in Section 90 of where it "would naturally be".

FAQs on Section 80 BSA

What is Section 80 BSA?▼

Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 requires a court to presume the genuineness of the Official Gazette, newspapers, journals, and documents that any law requires a person to maintain. For a legally required document, the presumption applies when it is kept largely in the required form and produced from proper custody.

What is proper custody under Section 80 BSA?▼

Proper custody means the document is in the place where it is required to be kept and is cared for by the person required to keep it. Custody is also not improper when a legitimate origin is proved or when the facts of the case make a legitimate origin likely.

Does the definition of proper custody in Section 80 BSA apply to any other provision?▼

Yes. The Explanation to Section 80 BSA states that its definition of proper custody also applies to Section 92 BSA, which deals with the presumption for documents thirty years old.

What is Section 80 BSA in IEA?▼

Section 81 IEA was the earlier provision before 1 July 2024. Section 80 BSA removed references to the London Gazette, colonial Gazettes, and private Acts of the United Kingdom Parliament. It also added an Explanation defining proper custody as where the document is required to be kept, replacing the test in Section 90 IEA of where the document would naturally be.

Have questions about Section 80 BSA?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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

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