Bharatiya Sakshya Adhiniyam, 2023 · Section 78

BSA 78: earlier IEA 79

Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 79 of the Indian Evidence Act, 1872. BSA 78 deals with presumption as to genuineness of certified copies. The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. Both texts are set out below, side by side, with the changed words marked.

Bharatiya Sakshya Adhiniyam

BSA 78 was IEA 79.

Presumption as to genuineness of certified copies.

Carried over
83% of the old wording kept
Old · IEA 1872 · Ch. V
s. 79
Presumption as to genuineness of certified copies
The Court shall presume "8[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 120fin the State of Jammu and Kashmir] who is duly authorised 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.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. V
s. 78
Presumption as to genuineness of certified copies.
(1) 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:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
(2) 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.
Text from India Code

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