Section 79 IEA: Presumption as to genuineness of certified copies

Indian Evidence Act, 1872

Section 79 IEA at a Glance

Section 79 IEA deals with presumption as to genuineness of certified copies. From 1 July 2024 it is replaced by Section 78 BSA.

Now BSA

Section 78 →

Section 79 IEA Bare Act Text

79. Presumption as to genuineness of certified copies
The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by Law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government, or by any officer in the State of Jammu and Kashmir who is duly authorized thereto by the Central Government:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.

Source: Section 79, Indian Evidence Act, 1872

Section 79 IEA in Simple Words

Section 79 of the Indian Evidence Act, 1872 requires a court to presume that certain certified documents are genuine. When a party produces a certificate, a certified copy, or another document that the law declares admissible (allowed as evidence) to prove a particular fact, the court must treat that document as genuine.

For Section 79 IEA to apply, the document must purport (appear or claim on its face) to carry due certification from a Central Government officer or a State Government officer. It also covers a document that purports to carry due certification from a Jammu and Kashmir State officer whom the Central Government duly authorized for that purpose.

Section 79 IEA includes a proviso. The document must substantially follow the form directed by law for that purpose, and it must purport to have been executed in the manner that the law directs.

The court must also make a presumption about the officer who purports to have signed or certified the paper. It must presume that, at the time of signing, the officer held the official character (official post or authority) claimed in that paper.

When Section 79 IEA Applies

A party produces a paper in court that purports to be a certificate, a certified copy, or another document which the law declares admissible to prove a particular fact.
The document purports to carry due certification by a Central Government officer, a State Government officer, or a Jammu and Kashmir State officer whom the Central Government duly authorized.
An officer purports to have signed or certified the document while claiming an official character in that paper, and the court must presume the officer held that official character when signing.

Example of Section 79 IEA

In 2022, during a property dispute in a court in Jaipur, Ramesh produces a certified copy of a state revenue record that the law declares admissible to prove a particular fact. The document purports to carry due certification from a State Government officer, substantially follows the form directed by law, and purports to have been executed in the legally directed manner. Under Section 79 IEA, the court must presume that the certified copy of the state revenue record is genuine and that the signing officer held the official character claimed in that paper.

When Section 79 IEA Does Not Apply

The presumption under Section 79 IEA applies only provided that the document substantially follows the form directed by law and purports to have been executed in the legally directed manner.

Section 79 IEA in the BSA

Section 79 IEA is now covered under Section 78 BSA.

Section 79 of the Indian Evidence Act, 1872 became Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The reference to "any officer in the State of Jammu and Kashmir" was dropped. Otherwise the same.

View detailed comparison (IEA 79 vs BSA 78) →

FAQs on Section 79 IEA

What is Section 79 IEA?▼

Section 79 of the Indian Evidence Act, 1872 is the rule on the presumption of genuineness for certified copies and certificates. It requires the court to presume that an admissible certificate, certified copy, or other document purporting to carry due certification from a Central Government officer, a State Government officer, or an authorized Jammu and Kashmir State officer is genuine, provided it follows the form and execution manner directed by law. The court must also presume that the officer who signed or certified the paper held the official character claimed in it.

Does the court presume that the signing officer held the official post claimed in the certified document under Section 79 IEA?▼

Yes. Under Section 79 IEA, the court must presume that any officer who purports to have signed or certified the document held, at the time of signing, the official character claimed in that paper.

Does Section 79 IEA apply if a certified copy is not in the form directed by law?▼

No. A proviso to Section 79 IEA states that the presumption applies provided that the document substantially follows the form directed by law and purports to have been executed in the legally directed manner.

What is Section 79 IEA in BSA?▼

Section 78 BSA. Section 79 IEA became Section 78 BSA on 1 July 2024, with the wording about a Jammu and Kashmir State officer dropped and the rule otherwise remaining the same.

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