Section 277 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 277: Presumption of Genuineness of Certified Copies and Public Documents
(Hypothetical Internal Explanation)
1. Purpose
Section 277 aims to make legal proceedings more efficient by reducing the burden of proving the authenticity of certain documents that are widely accepted as trustworthy. It establishes a legal presumption that these documents are genuine, thereby minimizing disputes over their authenticity during trials or investigations.
2. Key Concepts
Certified Copies:
These are copies of original documents that have been officially verified by an authorized officer (e.g., a government clerk or registrar). The certification confirms that the copy is a true and accurate representation of the original.
Public Documents:
Documents created or maintained by government offices or public authorities in the normal course of their official duties. Examples might include birth certificates, land records, court records, or government notifications.
3. Presumption of Genuineness
The law presumes that a document presented as a certified copy or public document is authentic and reliable without requiring additional proof.
This presumption shifts the initial burden of proof away from the party presenting the document, saving time and resources.
The presumption is not absolute, meaning it can be challenged if there is evidence to the contrary.
4. Conditions for Presumption
The document must bear an official certification from a recognized officer, confirming its authenticity.
The certification must be done in accordance with the prescribed form and procedure—meaning the method and format of certification follow established rules.
The officer who certifies the document is presumed to have the authority and official capacity to do so.
5. Practical Effects
When a certified copy or public document is presented in court or before an investigating officer, it is accepted as genuine unless proven otherwise.
Parties relying on such documents do not need to produce the original or provide additional proof of authenticity, facilitating smoother and faster proceedings.
It builds trust in official records and the work of public officials who maintain these records.
6. Example Scenario
Imagine a person submits a certified copy of their birth certificate as evidence in a legal case. Because it is certified by a government officer in the proper form:
The court accepts the birth certificate as genuine without requiring the original document.
The opposing party must provide evidence if they believe the document is fraudulent.
This avoids unnecessary delays and focuses the legal process on the substantive issues rather than procedural disputes about documents.
7. Limitations
If a party provides credible evidence that a certified copy or public document is forged, altered, or unreliable, the presumption can be rebutted.
The section encourages good faith reliance but also allows for safeguards against misuse.
Summary
Section 277 in the BSA 2023 sets an important rule for legal efficiency by creating a presumption that certified copies and public documents are genuine. It:
Reduces the need for proving document authenticity repeatedly.
Helps courts and authorities focus on the main issues of the case.
Builds reliance on official records and certifications.
Maintains a fair balance by allowing challenges if genuine doubts arise.
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