Section 77 IEA: Proof of documents by production of certified copies

Indian Evidence Act, 1872

Section 77 IEA at a Glance

Section 77 IEA deals with proof of documents by production of certified copies. From 1 July 2024 it is replaced by Section 76 BSA.

Section 77 IEA Bare Act Text

77. Proof of documents by production of certified copies

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Source: Section 77, Indian Evidence Act, 1872

Section 77 IEA in Simple Words

Section 77 of the Indian Evidence Act, 1872 lets a party prove what is written inside a public document by producing a certified copy in court. The rule applies whether the party wants to prove the entire public document or only a part of that public document.

To be used as proof under Section 77 IEA, the certified copy must purport to be a copy of that public document or that specific part of the record. Here, purport means that the certified copy on its face states or appears to be a copy of the public document or part in question.

Because Section 77 IEA uses the permissive word may, a party can produce the certified copy to prove the contents of that public document or part.

When Section 77 IEA Applies

  • Applies when a party seeks to prove in court what is written in a public document or in a part of a public document.
  • Requires a certified copy that on its face claims or appears to be a copy of that public document or part.
  • Lets the party produce that certified copy in court as proof of the contents.

Example of Section 77 IEA

In 2022, Ramesh needs to prove the contents of a part of a public document during a court case in Pune. Ramesh obtains a certified copy that purports to be a copy of that part of the public document. Ramesh produces the certified copy before the court in Pune. Under Section 77 IEA, the certified copy can be produced to prove the contents of that part of the public document.

Section 77 IEA in the BSA

Section 77 IEA is now covered under Section 76 BSA.

Section 77 of the Indian Evidence Act, 1872 became Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

View detailed comparison (IEA 77 vs BSA 76) โ†’

FAQs on Section 77 IEA

What is Section 77 IEA?โ–ผ

Section 77 of the Indian Evidence Act, 1872 lets a party produce certified copies in court to prove the contents of public documents or parts of public documents.

Can a certified copy prove only a part of a public document under Section 77 IEA?โ–ผ

Yes. Section 77 IEA allows a party to produce a certified copy to prove the contents of either a whole public document or a part of a public document.

Which public documents can a certified copy prove under Section 77 IEA?โ–ผ

Only the public documents, or the parts of public documents, that the certified copy purports to copy.

What is Section 77 IEA in BSA?โ–ผ

Section 76 BSA is the corresponding section. Section 77 IEA became Section 76 BSA on 1 July 2024 without any change in wording.

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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 ยท