Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 80: Presumption as to Gazettes, newspapers, and other documents.
The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
Explanation. — For the purposes of this section and section 92, a document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.
Brefe Detail
This section establishes a presumption regarding the genuineness of certain documents, including Official Gazettes, newspapers, and other legally required documents. It states that these documents are presumed genuine if they are maintained in the required form and produced from proper custody. The explanation clarifies what constitutes proper custody and allows for flexibility if the document's origin can be validated.
Question & Answers
What does Section 80 of the Bhartiya Sakshya Adhiniyam, 2023 state about the genuineness of documents?
A: It states that the Court shall presume the genuineness of every document purporting to be the Official Gazette, a newspaper or journal, and any other legally required document if it is kept in the proper form and custody.
What is meant by 'proper custody' according to this section?
A: A document is considered to be in proper custody if it is kept in the correct place and looked after by the appropriate person.
Are there any circumstances under which custody may be deemed improper?
A: No custody is considered improper if the document can be shown to have a legitimate origin or if the circumstances make that origin probable.
Example
- A newspaper article published in the Official Gazette is produced in court. If it has been kept in a secure location by a government officer, the court presumes it to be genuine.
- A journal maintained by a legal authority, which is produced from their office, is automatically presumed to be a genuine document.
Summary
Section 80 of the Bhartiya Sakshya Adhiniyam, 2023 outlines the presumption of genuineness for certain official documents, emphasizing the importance of proper custody and the legal requirements for maintaining these documents. It aims to facilitate the acceptance of these documents in legal proceedings by establishing a framework for their validity.
