Bharatiya Sakshya Adhiniyam, 2023 · Section 88

BSA 88: earlier IEA 86

Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 replaces Section 86 of the Indian Evidence Act, 1872. BSA 88 deals with presumption as to certified copies of foreign judicial records. 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 88 was IEA 86.

Presumption as to certified copies of foreign judicial records.

Carried over
75% of the old wording kept
Old · IEA 1872 · Ch. V
s. 86
Presumption as to certified copies of foreign judicial records
The Courtmay presume that any document purporting to be a certified copy of any judicial record of 139(140(* * *] any country not forming part of India or] of Her Majesty's dominions is genuineand accurate, if the document purports to be certified in any manner which is certified by any representative of 141(* * *] the 142[Central Government] 143[in or for] '44[such country] to be the manner commonly in use in 145[that country] for the certification of copies of judicial records. 146[ An officer who, with respect to 147(** *] any territory or place not forming part of 148[India or] Her Majesty's dominions, is a Political Agent therefor, as defined in Section 3, 149[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 150(Central Government] 15[in and for the country] comprising that territory or place.]
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. V
s. 88
Presumption as to certified copies of foreign judicial records.
(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India 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.
(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 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.
Text from India Code

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