Section 292 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 292 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023):
Section 292: Presumption as to Certified Copies
Context:
In legal proceedings, evidence often includes copies of documents rather than the original ones. These could be copies of public records, judgments, orders, or official certificates. To avoid the burden of proving the authenticity of these copies repeatedly, the law provides certain presumptions.
What Section 292 says:
When a document is presented as a certified copy of a public record or any other official document, the court will presume that the copy is genuine and accurate, unless someone challenges and proves otherwise.
A certified copy means a copy of a document that has been officially attested by an authorized officer (such as a government clerk or registrar) as a true and exact copy of the original document.
Why is this important?
Reduces burden on parties:
Without this presumption, every party relying on a certified copy would have to prove that it’s a true copy of the original every single time, which would be time-consuming and inefficient.
Speeds up trials:
The court can accept certified copies as evidence without going through extensive proof about their authenticity, speeding up the judicial process.
Promotes trust in official records:
The law acknowledges that official records maintained by the government or authorized bodies are trustworthy.
How does it work in practice?
Submission of Certified Copies:
When a party submits a certified copy of a public document, the court assumes it to be genuine.
Presumption can be rebutted:
If the opposing party doubts the authenticity of the certified copy, they can challenge it by producing evidence to prove it is forged, altered, or incorrect.
If no challenge is made:
The court will accept the certified copy as valid evidence without needing the original.
Example scenario:
Imagine in a property dispute case, one party submits a certified copy of a land title deed issued by the land registrar. Under Section 292, the court will presume this copy is genuine. The other party cannot reject it simply by saying it might not be authentic. They must provide evidence showing the copy is false or incorrect to rebut this presumption.
Comparison with old law:
Under the earlier Indian Evidence Act, 1872, similar provisions existed but were more limited and not as explicitly stated. The new Bharatiya Sakshya Adhiniyam, 2023 expands and clarifies such presumptions to streamline evidence procedures.
Summary:
Section 292 presumes certified copies of public documents are genuine
This helps courts rely on official records without repeated proof
The presumption is rebuttable if contrary evidence is shown
It ensures efficiency and trust in judicial proceedings
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