Section 81 IEA: Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
Indian Evidence Act, 1872
Section 81 IEA at a Glance
Section 81 IEA deals with presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. From 1 July 2024 it is replaced by Section 80 BSA.
Section 81 IEA Bare Act Text
81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
The Court shall presume the genuineness of every document purporting to be the London Gazette or any Official Gazette, or the Government Gazette of any colony, dependency or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament of the United Kingdom printed by the Queen’s Printer, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
Source: Section 81, Indian Evidence Act, 1872
Section 81 IEA in Simple Words
Section 81 of the Indian Evidence Act, 1872 requires a court to accept certain public and official publications as genuine without asking for proof first. Under the Act, the court must presume (take as true) that a covered document is authentic when the document appears on its face to be one of the listed records.
Section 81 IEA covers newspapers, journals, and any Official Gazette. It also covers the London Gazette and government gazettes from any British Crown colony, dependency, or possession. In addition, it covers copies of private Acts of the United Kingdom Parliament printed by the official printer to the Queen.
The same presumption applies to any record that a law directs a person to keep. For such a legally mandated record, specific conditions apply. The record must be kept largely in the format that the law requires, and the record must be brought to court from proper custody (legitimate keeping).
When Section 81 IEA Applies
- Applies when a document presented in court appears to be the London Gazette, any Official Gazette, or a Government Gazette of a British Crown colony, dependency, or possession.
- Applies when a document presented in court appears to be a newspaper or a journal.
- Applies when a document appears to be a copy of a private Act of the United Kingdom Parliament printed by the official printer to the Queen.
- Applies when a document appears to be a record that any law directs a person to keep, provided it is kept largely in the required legal form and comes from proper custody.
- Directs the court that it must presume these documents to be genuine.
Example of Section 81 IEA
Section 81 IEA in the BSA
Section 81 IEA is now covered under Section 80 BSA.
Section 81 of the Indian Evidence Act, 1872 became Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The London Gazette, colonial Gazettes and private Acts of the United Kingdom Parliament were dropped. A new Explanation defines "proper custody": where the document is "required to be kept", in place of the IEA's test in Section 90 of where it "would naturally be".
View detailed comparison (IEA 81 vs BSA 80) →FAQs on Section 81 IEA
What is Section 81 IEA?▼
Section 81 of the Indian Evidence Act, 1872 is the rule that requires a court to presume the genuineness of Official Gazettes, newspapers, journals, certain British Crown and United Kingdom parliamentary publications, and legally required records. For a record that a law directs a person to keep, the court must presume it is genuine if it is kept largely in the legal form and produced from proper custody.
Does a court presume a newspaper or Official Gazette is genuine under Section 81 IEA?▼
Yes. Under Section 81 IEA, the court must presume the genuineness of every document that appears to be an Official Gazette, a newspaper, or a journal.
When does Section 81 IEA apply to a record that a law directs a person to keep?▼
Only when the record meets the form and custody conditions in the Act. The document must be kept largely in the form required by law and must be brought to court from proper custody.
What is Section 81 IEA in BSA?▼
Section 80 BSA replaced Section 81 IEA from 1 July 2024. The Adhiniyam dropped the London Gazette, colonial Gazettes, and private Acts of the United Kingdom Parliament. It also added an Explanation defining proper custody as the place where, and with the person by whom, the document is required to be kept, replacing the test in Section 90 IEA of where the document would naturally be.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·