What Is BSA Section 88?

Bhartiya Sakshya Adhiniyam, 2023 - Section 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, 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.

Brefe Detail

Section 88 of the Bhartiya Sakshya Adhiniyam, 2023 provides the Court with the discretion to presume the genuineness and accuracy of certified copies of judicial records from foreign countries. This presumption applies when the certification aligns with established practices in the respective country, as recognized by representatives of the Central Government.

Question & Answers

Q1: What does Section 88 state about certified copies of foreign judicial records?

A1: It states that the Court may presume such documents to be genuine and accurate if certified according to the common practices of that country and endorsed by a representative of the Central Government.

Q2: Who qualifies as a representative of the Central Government for the purposes of this section?

A2: An officer defined as a Political Agent for any territory or place outside India is deemed a representative of the Central Government for that country.

Q3: Under what conditions can the Court presume the authenticity of these documents?

A3: The presumption applies if the document is certified in a manner recognized as commonly used in that country for the certification of judicial records.

Example

• A certified copy of a court ruling from the United Kingdom is presented to an Indian court. If it is certified by a recognized representative of the Central Government and follows UK certification practices, the court will presume it to be genuine.
• If a document from a foreign court is submitted as evidence and certified by a Political Agent, the Indian court may accept it as accurate based on this presumption.

Summary

Section 88 of the Bhartiya Sakshya Adhiniyam, 2023 facilitates the acceptance of certified copies of foreign judicial records by allowing the Court to presume their authenticity and accuracy. This presumption is contingent upon the document being certified in accordance with established practices recognized by representatives of the Central Government.