Section 88 BSA: Presumption as to certified copies of foreign judicial records

Bharatiya Sakshya Adhiniyam, 2023

Section 88 BSA at a Glance

Section 88 BSA deals with presumption as to certified copies of foreign judicial records. It replaced Section 86 IEA on 1 July 2024.

Was IEA

Section 86 →

Section 88 BSA Bare Act Text

88. Presumption as to certified copies of foreign judicial records
(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.

Source: Section 88, Bharatiya Sakshya Adhiniyam, 2023

Section 88 BSA in Simple Words

Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court presume that a certified copy of a foreign judicial record (an official court record from a country beyond India) is genuine and accurate. The Adhiniyam applies from 1 July 2024.

Under Section 88(1) BSA, this presumption applies when the foreign judicial record appears to be certified in a way verified by a Central Government representative in or for that country. The representative must certify that the method used is the normal certification method for copies of judicial records in that foreign country.

Section 88(2) BSA explains who counts as a Central Government representative for this rule. An officer serving as a Political Agent for a territory or a place outside India, as defined under the General Clauses Act, 1897 under clause (43) of section 3, is treated as a Central Government representative for the country containing that territory or place.

When Section 88 BSA Applies

A party presents a document in court that appears to be a certified copy of a judicial record from a country beyond India under Section 88(1) BSA.
A Central Government representative in or for that foreign country certifies that the certification method used on the copy is the method normally used in that country for judicial records.
Once that certification is present, the court may presume under Section 88(1) BSA that the certified copy is genuine and accurate.
Under Section 88(2) BSA, an officer who is a Political Agent for a territory or a place outside India, as defined under the General Clauses Act, 1897 under clause (43) of section 3, is treated as a Central Government representative for that country.

Example of Section 88 BSA

In September 2024, Anita submits a certified copy of a family court order from Singapore during a civil proceeding in Bengaluru. Accompanying the document is a certificate from a Central Government representative in Singapore confirming that the order was certified in the manner used in Singapore for court records. Because Singapore is a country beyond India and the required certification is attached, Section 88(1) BSA applies to the document. Under Section 88 BSA, the court in Bengaluru may presume that the certified copy of the Singapore court order submitted by Anita is genuine and accurate.

Section 88 BSA in the IEA (Previous Law)

Section 88 BSA replaces Section 86 IEA from the old criminal code.

Section 86 of the Indian Evidence Act, 1872 became Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The words on "Her Majesty's Dominions" were dropped, and "not forming part of India" reads "beyond India" and "outside India". The text is now in sub-sections.

View IEA Section 86 →Compare IEA 86 vs BSA 88 →

FAQs on Section 88 BSA

What is Section 88 BSA?▼

Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 lets a court presume that a certified copy of a judicial record from a country beyond India is genuine and accurate when certified according to the manner verified by a Central Government representative. Section 88(2) BSA also treats a Political Agent for a territory or a place outside India as a Central Government representative for that country.

Is the court bound to presume that a foreign judicial record is genuine under Section 88 BSA?▼

No. Section 88(1) BSA states that the court may presume the certified copy is genuine and accurate, which gives the court discretion rather than imposing a mandatory rule.

Does a Political Agent qualify as a Central Government representative under Section 88(2) BSA?▼

Yes. Under Section 88(2) BSA, an officer who is a Political Agent for a territory or a place outside India, as defined under clause (43) of section 3 in the General Clauses Act, 1897, is treated as a Central Government representative for that country.

What is Section 88 BSA in IEA?▼

Section 86 IEA is the earlier provision that became Section 88 BSA on 1 July 2024. Section 88 BSA split the single provision into Section 88(1) BSA and Section 88(2) BSA, dropped the words on Her Majesty's Dominions, and replaced not forming part of India with beyond India and outside India.

Have questions about Section 88 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 ·