Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 78BSA 77

Proof of other official documents

Canonical: https://www.vakilpedia.com/iea-78-to-bsa

What changed

  • The conditions' enumeration as (1) to (6) is changed to (a) to (f).
  • The expressions "or of the Crown Representative", "or, as the case may be, of the Crown Representative;", "Her Majesty] or by the Privy Council, or by any department of Her Majesty’s Government" and "London Gazette, or purporting to be printed by the Queen’s Printer;" are excluded.
  • The words "Ministries and" "or Union territory Administration", "Parliament or a State" and "President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;" are added.

Drafting-ready

Under Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 78 of the Indian Evidence Act, 1872)...

Bare act text — BSA 77

77. Proof of other official documents .—The following public documents may be proved as follows: — (a) Acts, orders or notifications of the Central Government in any of its Ministr ies and Departments or of any State Government or any Department of any State Government or Union territory Administration— (i) by the records of the Departments, certified by the head of those Departments respectively; or 31 (ii) by any document purporting to be printed by order of any such Government; (b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned; (c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette; (d) the Acts of the Executi ve or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act; (e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body; (f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the lega l custody of the original, and upon proof of the character of the document according to the law of the foreign country. Presumptions as to documents

Frequently asked

What is IEA 78 equivalent in BSA?

IEA Section 78 (Proof of other official documents) corresponds to Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 78 and BSA 77?

The conditions' enumeration as (1) to (6) is changed to (a) to (f). The expressions "or of the Crown Representative", "or, as the case may be, of the Crown Representative;", "Her Majesty] or by the Privy Council, or by any department of Her Majesty’s Government" and "London Gazette, or purporting to be printed by the Queen’s Printer;" are excluded. The words "Ministries and" "or Union territory Administration", "Parliament or a State" and "President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;" are added.

How do I cite BSA 77 in a pleading?

Under Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 78 of the Indian Evidence Act, 1872)...

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