Section 78 IEA: Proof of other official documents
Indian Evidence Act, 1872
Section 78 IEA at a Glance
Section 78 IEA deals with proof of other official documents. From 1 July 2024 it is replaced by Section 77 BSA.
Section 78 IEA Bare Act Text
78. Proof of other official documents
The following public documents may be proved as follows:—
(1) Acts, orders or notifications of the Central Government in any of its departments, or of the Crown Representative or of any State Government or any department of any State Government,—
by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by order of any such Government or, as the case may be, of the Crown Representative;
(2) the proceedings of the Legislatures,—
by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;
(3) proclamations, orders or regulations issued by Her Majesty or by the Privy Council, or by any department of Her Majesty’s Government,—
by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s Printer;
(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country,—
by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some Central Act:
(5) the proceedings of a municipal body in a State,—
by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(6) public documents of any other class in a foreign country,—
by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.
Source: Section 78, Indian Evidence Act, 1872
Section 78 IEA in Simple Words
Section 78 of the Indian Evidence Act, 1872 sets out how specific kinds of domestic, Crown, and foreign official public documents can be proved in court.
Under Section 78(1) IEA, Central or State Government and department Acts, orders, or notifications, as well as those of the Crown Representative, can be proved by department records certified by the respective department head or documents printed by official order. Under Section 78(2) IEA, legislative proceedings are proved through legislative journals, published Acts or abstracts, or copies printed by order of the Government concerned.
Under Section 78(3) IEA, proclamations, orders, or regulations of the Crown, the Privy Council, or a department of that government are proved by London Gazette copies or extracts, or copies from the printer to the Queen. Under Section 78(5) IEA, municipal body proceedings in a State are proved by a copy certified by the legal keeper or an authorised printed book.
Under Section 78(4) IEA, foreign executive Acts and legislative proceedings are proved by official or accepted journals of that country, copies sealed by the country or sovereign, or recognition in some Central Act. Under Section 78(6) IEA, other foreign public documents are proved by the original, or by a certified copy from the legal keeper with a sealed Notary Public, Indian Consul, or diplomatic certificate and proof of the document character under foreign law.
When Section 78 IEA Applies
- When proving Central Government, State Government, department, or Crown Representative Acts, orders, or notifications, a party can use department records certified by the department head or documents printed by official order.
- When proving legislative proceedings, a party can use the journals of those legislatures, published Acts or abstracts, or copies printed by order of the Government concerned.
- When proving proclamations, orders, or regulations issued by the Crown, the Privy Council, or a department of that government, a party can use copies or extracts in the London Gazette or copies from the printer to the Queen.
- When proving municipal body proceedings in a State, a party can use a copy of the proceedings certified by their legal keeper or a printed book published under the authority of that municipal body.
- When proving foreign executive Acts, foreign legislative proceedings, or other foreign public documents, a party can use the specified journals, sealed copies, Central Act recognition, originals, or certified copies backed by a diplomatic or notary seal and proof of document character under foreign law.
Example of Section 78 IEA
Section 78 IEA in the BSA
Section 78 IEA is now covered under Section 77 BSA.
Section 78 of the Indian Evidence Act, 1872 became Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Updated to Indian authorities. Adds "Ministries", "Union territory Administration", and municipal "or local" bodies. Proclamations are now those of the President, a Governor, or an Administrator or Lieutenant Governor, proved from the Official Gazette, in place of Her Majesty, the Privy Council and the London Gazette. The Crown Representative was removed.
View detailed comparison (IEA 78 vs BSA 77) →FAQs on Section 78 IEA
What is Section 78 IEA?▼
Section 78 of the Indian Evidence Act, 1872 lists the methods for proving specific classes of domestic, Crown, municipal, and foreign official public documents in court.
How can Central or State Government notifications be proved under Section 78(1) IEA?▼
By the records of the departments certified by the respective department head, or by a document that purports to be printed by order of that Government or the Crown Representative.
Can a printed book be used to prove municipal body proceedings under Section 78(5) IEA?▼
Yes. Municipal body proceedings in a State can be proved either by a copy certified by the legal keeper or by a printed book that purports to be published by the authority of that municipal body.
What is required to prove other foreign public documents by certified copy under Section 78(6) IEA?▼
A copy certified by the legal keeper must be accompanied by a certificate under the seal of a Notary Public, Indian Consul, or diplomatic agent confirming certification by the officer having legal custody of the original. The party must also prove what kind of document it is under the law of the foreign country.
What is Section 78 IEA in BSA?▼
Section 77 BSA is the corresponding section from 1 July 2024. Section 77 BSA updates the rule to Indian authorities by removing the Crown Representative and replacing the Crown, the Privy Council, and the London Gazette with the President, a Governor, or a Union territory Administrator or Lieutenant Governor and the Official Gazette, while adding Ministries, Union territory Administrations, and local bodies.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·