Law4u - Made in India

What Is BSA Section 78?

Answer By law4u team

Bhartiya Sakshya Adhiniyam, 2023 - Section 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.

Brefe Detail

Section 78 of the Bhartiya Sakshya Adhiniyam, 2023, establishes the presumption of genuineness for certified copies of documents. It states that documents certified by officers of the Central or State Government are presumed to be genuine as long as they comply with legal requirements. Additionally, the official character of the signing officer is also presumed.

Question & Answers

What does Section 78 of the Bhartiya Sakshya Adhiniyam state about certified documents?

Section 78 presumes certified documents to be genuine if they comply with legal requirements.

Who can certify these documents?

Documents can be certified by officers of the Central Government or State Government.

Is the official character of the signing officer assumed?

Yes, the court presumes that the officer held the official character claimed at the time of signing.

What conditions must a document meet to be presumed genuine?

The document must be substantially in the required form and executed in the manner directed by law.

Example

1. A certified copy of a birth certificate issued by a state government officer is presumed to be genuine.

2. A document purporting to be a certificate from the Central Government, signed by an authorized officer, is accepted as evidence unless proven otherwise.

Summary

Section 78 provides a legal presumption of genuineness for certified copies from government officers, ensuring that such documents are readily accepted as valid evidence in court, thus facilitating the judicial process.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Suresh Chandra

Advocate Suresh Chandra

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family

Get Advice
Advocate Kailas Balasaheb Jadhav

Advocate Kailas Balasaheb Jadhav

High Court, Motor Accident, Anticipatory Bail, Civil, Property

Get Advice
Advocate Anil Kumar

Advocate Anil Kumar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate Umman Bashir

Advocate Umman Bashir

Customs & Central Excise, GST, High Court, Property, Tax

Get Advice
Advocate Gottumukkala Lakshmaiah

Advocate Gottumukkala Lakshmaiah

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, Recovery, Property, Patent, RERA, Startup, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Sumesh Joshi

Advocate Sumesh Joshi

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Insurance, Immigration, Motor Accident, Muslim Law, Labour & Service, Supreme Court, Succession Certificate, Revenue

Get Advice
Advocate Ajay Kumar Mishra

Advocate Ajay Kumar Mishra

Anticipatory Bail,Criminal,Civil,Domestic Violence,Motor Accident,

Get Advice
Advocate Chandra Mohan Yadav

Advocate Chandra Mohan Yadav

Civil, Court Marriage, Family, Domestic Violence, Anticipatory Bail, Arbitration

Get Advice

Bhartiya Sakshya Adhiniyam (BSA) Related Questions

Discover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.