INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
78. Proof of other official documents.
77. Proof of other official documents. Presumptions as to documents
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
78. Proof of other official documents.–– The following public documents may be proved as
follows:––
(1) Acts, orders or notifications of 1[the Central Government] in any of its departments, 2[or of the
Crown Representative] or of any State Government or any department of any State Government, ––
by the records of the departments, certified by the head of those departments respectively,
or by any document purporting to be printed by order of any such Government 3[or, as the
case may be, of the Crown Representative];
(2) the proceedings of the Legislatures,––
by the journals of those bodies respectively, or by published Acts or abstracts, or by copies
purporting to be printed 3[by order of the Government concerned];
(3) proclamations, orders or regulations issued by 4[Her Majesty] or by the Privy Council, or by
any department of 4[Her Majesty’s Government,––
by copies or extracts contained in the London Gazette, or purporting to be printed by the
Queen’s Printer;
(4) the Acts of the Executive 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 some
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[Central Act]:
(5) the proceedings of a municipal body in 6[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;
(6) 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 7[an Indian Consul] or diplomatic agent, that the copy is duly
certified by the officer having the legal 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
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
77. Proof of other official documents.—The following public documents may be proved as
follows: —
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(a) Acts, orders or notifications of the Central Government in any of its Ministries 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
(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 Executive 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 legal 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
Current law India Code — BSA 2023