Bharatiya Sakshya Adhiniyam, 2023
BSA Section 78
Presumption as to genuineness of certified copies
In one line
BSA Section 78 deals with presumption as to genuineness of certified copies and replaces Evidence Act 79.
Bare act text — BSA 78
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.
What changed from the Evidence Act
- Evidence Act 79 → BSA 78: The words "or by any officer [in the State of Jammu and Kashmir] who is duly authorised thereto by the Central Government:" are excluded and paragraph are numbered as subsections.
Frequently asked
What was BSA Section 78 in the Evidence Act?
BSA Section 78 (Presumption as to genuineness of certified copies) replaces Section 79 of the Indian Evidence Act, 1872. Evidence Act 79 is now BSA 78.
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Nearby BSA sections
- BSA 73 — Proof as to verification of digital signature
- BSA 74 — Public and private documents
- BSA 75 — Certified copies of public documents
- BSA 76 — Proof of documents by production of certified copies
- BSA 77 — Proof of other official documents
- BSA 79 — Presumption as to documents produced as record of evidence, etc
- BSA 80 — Presumption as to Gazettes, newspapers, and other documents
- BSA 81 — Presumption as to Gazettes in electronic or digital record
- BSA 82 — Presumption as to maps or plans made by authority of Government
- BSA 83 — Presumption as to collections of laws and reports of decisions