Section 76 IEA: Certified copies of public documents

Indian Evidence Act, 1872

Section 76 IEA at a Glance

Section 76 IEA deals with certified copies of public documents. From 1 July 2024 it is replaced by Section 75 BSA.

Now BSA

Section 76 IEA Bare Act Text

76. Certified copies of public documents
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation
Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

Source: Section 76, Indian Evidence Act, 1872

Section 76 IEA in Simple Words

Section 76 of the Indian Evidence Act, 1872 lets a person obtain an official copy of a public document when that person holds a legal right to inspect the document. Once the person demands the copy and pays the legal fee, the public officer in custody of the document must provide the copy.

To make the copy valid under Section 76 IEA, the public officer has to add a written certificate at the bottom of the copy. This certificate must state that the copy is a true copy of the full document or of a part of it. The officer must put a date on the certificate and sign it (subscribe it) with the name and official title of the officer. If the law allows the officer to use an official seal, the certificate must also carry that seal. Copies prepared and certified in this manner are called certified copies.

The Act also explains who counts as having custody (official keeping and control) of the public document. Any officer whose regular official duty includes handing out such copies is treated by law (deemed) as having custody of the document under Section 76 IEA.

When Section 76 IEA Applies

A person holds a right to inspect a public document kept by a public officer.
The person demands a copy of the public document and pays the required legal fees.
The public officer writes a certificate at the bottom of the copy confirming that the copy is a true copy, dates and signs it with the name and official title of the officer, and seals it if the law allows the officer to use a seal.
An officer whose regular official duty includes issuing such copies is treated by law as having custody of the public documents.

Example of Section 76 IEA

In 2021, Priya needs a copy of an entry in a municipal birth register in Jaipur that citizens hold a right to inspect. At the municipal office in Jaipur, Priya demands a copy of the register entry and pays the legal fee to Farhan, the public officer authorized in regular official duty to issue such copies. Farhan provides the copy with a dated certificate at the bottom stating that the copy is a true copy, signed with the name and official title of the officer and stamped with the official seal. Under Section 76 IEA, the copy of the municipal birth register entry is a certified copy.

Section 76 IEA in the BSA

Section 76 IEA is now covered under Section 75 BSA.

Section 76 of the Indian Evidence Act, 1872 became Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. No substantive change. Spelling edits only.

View detailed comparison (IEA 76 vs BSA 75) →

FAQs on Section 76 IEA

What is Section 76 IEA?▼

Section 76 of the Indian Evidence Act, 1872 gives a person the right to get a certified copy of a public document that the person holds a right to inspect. On demand and payment of legal fees, the public officer in custody of the document must issue a copy with a signed and dated certificate at the bottom.

What must the certificate on a certified copy contain under Section 76 IEA?▼

A true copy statement, date, signature, official title, and seal where required. The certificate at the bottom of the copy must state that the copy is a true copy of the document or part of it, and must be dated and signed by the public officer with the name and official title of the officer. It must also be sealed whenever the law authorizes the officer to use a seal.

Can an officer who only issues copies in regular duty give a certified copy under Section 76 IEA?▼

Yes. Under the Explanation to Section 76 IEA, any officer who is authorized in the ordinary course of official duty to deliver such copies is treated by law as having custody of those public documents.

Does a person have to pay fees to obtain a certified copy under Section 76 IEA?▼

Yes. Section 76 IEA requires the public officer to give the copy on demand and on payment of the legal fees for it.

What is Section 76 IEA in BSA?▼

Section 75 BSA. Section 76 IEA became Section 75 BSA on 1 July 2024 with no substantive change and only minor spelling edits.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·