Bharatiya Sakshya Adhiniyam, 2023
BSA Section 88
Presumption as to certified copies of foreign judicial records
In one line
BSA Section 88 deals with presumption as to certified copies of foreign judicial records and replaces Evidence Act 86.
Bare act text — BSA 88
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.
What changed from the Evidence Act
- Evidence Act 86 → BSA 88: "any country not forming part of India or of Her Majesty’s Dominions" is replaced by "beyond India".
Frequently asked
What was BSA Section 88 in the Evidence Act?
BSA Section 88 (Presumption as to certified copies of foreign judicial records) replaces Section 86 of the Indian Evidence Act, 1872. Evidence Act 86 is now BSA 88.
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Nearby BSA sections
- BSA 83 — Presumption as to collections of laws and reports of decisions
- BSA 84 — Presumption as to powers-of-attorney
- BSA 85 — Presumption as to electronic agreements
- BSA 86 — Presumption as to electronic records and electronic signatures
- BSA 87 — Presumption as to Electronic Signature Certificates
- BSA 89 — Presumption as to books, maps and charts
- BSA 90 — Presumption as to electronic messages
- BSA 91 — Presumption as to due execution, etc., of documents not produced
- BSA 92 — Presumption as to documents thirty years old
- BSA 93 — Presumption as to electronic records five years old