Section 76 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
๐ Section 76: Proof of Documents by Production of Certified Copies
Text of Section 76:
"Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies."(sudhirrao.com)
๐ Meaning and Application
Section 76 allows for the use of certified copies of public documents as evidence in legal proceedings. A certified copy is an official copy of a document, attested by the public officer who has the custody of the original document, confirming that it is a true and accurate reproduction.
This provision is particularly useful when the original public document is not available or cannot be produced in court. Instead of presenting the original document, a certified copy can be submitted, and it will be accepted as evidence of the contents of the original document.
โ๏ธ Legal Significance
Facilitates Evidence Submission: Enables parties to present evidence when the original public document is inaccessible or unavailable.
Ensures Authenticity: The requirement for certification ensures that the copy is a true and accurate reproduction of the original document, maintaining the integrity of the evidence.
Streamlines Legal Proceedings: Reduces the need for producing original documents in court, thereby expediting the legal process.
๐งพ Example
Consider a scenario where a person needs to prove their date of birth in a legal proceeding. If the original birth certificate is not available, a certified copy of the birth certificate issued by the relevant public authority can be submitted as evidence. This certified copy will be accepted in court to establish the person's date of birth.(kanoongpt.in)
๐ Related Sections
Section 75: Describes the process of obtaining certified copies of public documents.(taxguru.in)
Section 77: Covers the proof of other official documents not covered under Section 75.(indiacode.nic.in)
Section 78: Provides a presumption as to the genuineness of certified copies.(lextechsuite.com)
In summary, Section 76 of the Bharatiya Sakshya Adhiniyam, 2023, allows for the use of certified copies of public documents as evidence in legal proceedings, provided they are true and accurate reproductions of the original documents. This provision ensures that legal processes are not hindered by the unavailability of original documents, thereby promoting efficiency and fairness in the judicial system.
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