Section 302 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 302 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA, 2023):
Section 302: Presumption as to Genuineness of Certified Copies
Context
In legal proceedings, documents often play a critical role as evidence. These documents may be originals or copies. Copies can be certified copies—official copies verified and attested by a competent authority to be true copies of the original documents.
Since originals may not always be available or practical to produce, courts allow certified copies to stand as evidence. To facilitate this, the law creates a presumption in favor of the authenticity of certified copies.
What Section 302 Provides
Certified copies of public documents, when produced in court, shall be presumed to be genuine and accurate representations of the original.
This presumption helps reduce the need for the party submitting the certified copy to prove its authenticity from scratch.
The presumption is rebuttable: If the opposing party provides sufficient evidence to show that the certified copy is not genuine (for example, if it is forged, altered, or incorrectly certified), the court may reject the presumption and not accept the copy as valid evidence.
Importance of Section 302
Efficiency: Saves time and resources in legal cases by avoiding repeated proof of authenticity for certified copies.
Reliance on official certification: Courts recognize the authority of official personnel (like registrars, clerks, or government officials) who certify copies, trusting that their certification is trustworthy.
Facilitates justice: By simplifying the admission of evidence, it ensures that cases proceed smoothly without unnecessary procedural delays.
How It Works Practically
Submission: A party submits a certified copy of a public document as evidence.
Presumption: The court presumes it to be genuine.
Challenge: The opposing party may challenge the document’s authenticity by producing evidence to the contrary.
Court’s decision: If the challenge is successful, the presumption is rebutted; if not, the certified copy is accepted as genuine.
Example Scenario
In a criminal case, the prosecution submits a certified copy of an official police report.
Under Section 302, the court will presume that the certified copy is genuine.
If the defense wants to dispute this, they need to prove the report is fabricated or tampered with.
Relation to Other Sections
Section 292 (previously discussed) and Section 302 both deal with presumptions regarding certified copies but may apply in different contexts or provide different specifics regarding types of documents.
The Bharatiya Sakshya Adhiniyam, 2023 streamlines evidence laws by clearly codifying such presumptions to avoid ambiguity.
Summary
| Aspect | Description |
|---|---|
| Document type | Certified copies of public documents |
| Presumption | Presumed genuine unless disproven |
| Rebuttal | Opposing party can present contrary evidence |
| Purpose | Simplify proof, expedite trials, promote trust |
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