INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
86. Presumption as to certified copies of foreign judicial records.
88. Presumption as to certified copies of foreign judicial records.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
86. Presumption as to certified copies of foreign judicial records. The Court may presume that
any document purporting to be a certified copy of any judicial record of 7[8* * * any country not forming
part of India or] of Her Majesty’s Dominions is genuine and accurate, if the document purports to be
certified in any manner which is certified by any representative of 9* * * the 3[Central Government] 10[in
or for] 11[such country] to be the manner commonly in use in 12[that country] for the certification of
copies of judicial records.
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[An officer who, with respect to 14*** any territory or place not forming part of 15[India or] Her
Majesty’s Dominions, is a Political Agent there for, as defined in section 3, 16[clause (43)], of the General
1. Subs. by the A.O. 1950, for “British”.
2. The Words “of Her Majesty, or” Rep. ibid.
3. Subs. by the A.O. 1937, for “Government of India”.
4. Ins. by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).
5. Subs. by Act 10 of 2009, s. 52(e), for “digital signature” (w.e.f. 27-10-2009).
6. Subs. by ibid., s. 52(f), for “Digital Signature Certificate” (w.e.f. 27.10.2009).
7. Subs. by the A.O. 1950, for “any country not forming part”.
8. The words “a Part B State or of” omitted by Act 3 of 1951, s. 3 and the Schedule.
9. The words “Her Majesty or of” omitted by A.O. 1950.
10. Subs. by Act 3 of 1891, s. 8, for “resident in”.
11. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “such Part B State or Country”.
12. Subs. by s. 3 and the Schedule, ibid., for “that State or Country”.
13. Subs. by Act 5 of 1899, s. 4, for the para added by Act 3 of 1891, s. 3.
14. The words “a Part B State or” ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule.
15. Ins. by the A.O. 1950.
16. Subs., ibid., for “clause (40)”.
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Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of
the 1[Central Government] 2[in and for the country] comprising that territory or place].
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
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.
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(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.
Current law India Code — BSA 2023