Section 86 IEA: Presumption as to certified copies of foreign judicial records

Indian Evidence Act, 1872

Section 86 IEA at a Glance

Section 86 IEA deals with presumption as to certified copies of foreign judicial records. From 1 July 2024 it is replaced by Section 88 BSA.

Now BSA

Section 88 →

Section 86 IEA Bare Act Text

86. Presumption as to certified copies of foreign judicial records

The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s Dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.

An officer who, with respect to any territory or place not forming part of India or Her Majesty’s Dominions, is a Political Agent there for, as defined in section 3, clause (43), of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.

Source: Section 86, Indian Evidence Act, 1872

Section 86 IEA in Simple Words

Section 86 of the Indian Evidence Act, 1872 lets a court presume that a certified copy of a foreign judicial record (an official court record from another country) is genuine and accurate. The rule applies to judicial records from a foreign country outside India and outside Her Majesty's Dominions.

To qualify for this presumption, the copy must appear to be certified in a specific way. A Central Government representative in or for that foreign country must certify that the method used is the normal certification method for judicial records in that country.

Section 86 IEA also explains who counts as a Central Government representative. An officer serving as a Political Agent for a territory or a place outside India and outside Her Majesty's Dominions, as defined under the General Clauses Act, 1897 in section 3, clause (43), is treated as a Central Government representative for the country containing that territory or place.

When Section 86 IEA Applies

  • A party produces a document in court that appears to be a certified copy of a judicial record from a country outside India and outside Her Majesty's Dominions.
  • A Central Government representative in or for that foreign country certifies that the copy was certified in the manner used in that country for judicial records.
  • When those certification conditions are met, the court may presume that the certified copy of the foreign judicial record is genuine and accurate.
  • An officer who is a Political Agent for a territory or a place outside India and outside Her Majesty's Dominions under the General Clauses Act, 1897, in section 3, clause (43), counts as a Central Government representative for that country.

Example of Section 86 IEA

In 2022, Ramesh files a certified copy of a commercial court judgment from Japan in a civil suit before a court in Mumbai. The copy carries a certificate from an Indian embassy representative of the Central Government in Japan confirming that the certification follows the method used for court records in Japan. Because Japan is outside India and outside Her Majesty's Dominions and the certification requirement is satisfied, Section 86 IEA applies. Under Section 86 IEA, the Mumbai court may presume that the certified copy of the Japanese judgment produced by Ramesh is genuine and accurate.

When Section 86 IEA Does Not Apply

  • Section 86 IEA does not apply to judicial records from courts in India or in Her Majesty's Dominions.

Section 86 IEA in the BSA

Section 86 IEA is now covered under Section 88 BSA.

Section 86 of the Indian Evidence Act, 1872 became Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The words on "Her Majesty's Dominions" were dropped, and "not forming part of India" reads "beyond India" and "outside India". The text is now in sub-sections.

View detailed comparison (IEA 86 vs BSA 88) →

FAQs on Section 86 IEA

What is Section 86 IEA?▼

Section 86 of the Indian Evidence Act, 1872 allows a court to presume that a certified copy of a foreign judicial record is genuine and accurate if a Central Government representative for that country certifies the manner of certification. The provision also treats a Political Agent for a territory outside India and outside Her Majesty's Dominions as a Central Government representative.

Must a court presume that a certified foreign judicial record is genuine under Section 86 IEA?▼

No. Section 86 IEA states that the court may presume the document is genuine and accurate, so making the presumption is permissive rather than mandatory.

Does a Political Agent count as a Central Government representative under Section 86 IEA?▼

Yes. Under Section 86 IEA, an officer who is a Political Agent for a territory or a place outside India and outside Her Majesty's Dominions, as defined under the General Clauses Act, 1897 in section 3, clause (43), is deemed to be a Central Government representative for that country.

What is Section 86 IEA in BSA?▼

Section 88 BSA replaced Section 86 IEA on 1 July 2024. Section 88 BSA divides the provision into Section 88(1) BSA and Section 88(2) BSA, drops the words on Her Majesty's Dominions, and replaces not forming part of India with beyond India and outside India.

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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 ·