Section 78 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 78 of the Bharatiya Sakshya Adhiniyam (BSA), 2023:
📜 Section 78: Presumption as to Genuineness of Certified Copies
Provision:
Section 78 of the BSA, 2023, establishes that courts shall presume to be genuine every document that purports to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government.(thelawadvice.com)
Key Points:
Presumption of Genuineness:
The court shall presume that such documents are genuine, provided they are substantially in the form and executed in the manner directed by law.(thelawadvice.com)
Presumption of Official Character:
The court shall also presume that any officer by whom such a document purports to be signed or certified held, when he signed it, the official character which he claims in such paper.(myjudix.com)
Purpose:
This section aims to streamline the process of admitting certified copies of documents as evidence in court by establishing a presumption of their genuineness and the official capacity of the certifying officer.(
Example:
If a party presents a certified copy of a birth certificate issued by a municipal authority, the court will presume that the document is genuine and that the officer who certified it held the official position claimed. This eliminates the need for the party to prove the authenticity of the document and the authority of the certifying officer
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