Section 88 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023) deals with the presumption regarding certified copies of foreign judicial records. This provision is significant in international legal matters, especially when foreign court judgments or documents are presented as evidence in Indian courts.
📄 What Does Section 88 Say?
Section 88 allows Indian courts to presume that a document purporting to be a certified copy of a judicial record from a foreign country is genuine and accurate, provided:(sudhirrao.com)
Certification Method: The document is certified in a manner that is commonly used in the foreign country for certifying copies of judicial records.(vidhijudicial.com)
Certification by Authorized Representative: The certification is done by a representative of the Central Government in or for that country, who certifies that the manner of certification is commonly in use in that country.(aaptaxlaw.com)
This presumption aims to facilitate the acceptance of foreign judicial records in Indian courts, streamlining the process of recognizing and enforcing foreign judgments.(aaptaxlaw.com)
🧾 Example to Illustrate
Scenario: An Indian citizen, Ramesh, is involved in a property dispute in India and needs to present a certified copy of a court judgment from the United States to support his case.(kanoongpt.in)
Application of Section 88:
Certification Method: The U.S. court judgment is certified by a U.S. notary public, which is a common practice in the United States for certifying judicial records.(kanoongpt.in)
Certification by Authorized Representative: The Indian Consulate in the United States verifies that this is the standard certification method in the U.S.(kanoongpt.in)
Outcome: The Indian court presumes the certified copy of the U.S. court judgment to be genuine and accurate, as it meets the criteria outlined in Section 88.(kanoongpt.in)
⚖️ Legal Implications
Facilitates International Legal Proceedings: Section 88 simplifies the process of presenting foreign judicial records in Indian courts, reducing the need for extensive verification procedures.(aaptaxlaw.com)
Ensures Authenticity: By requiring certification by authorized representatives, the section helps ensure that the foreign documents are authentic and accurately represent the original records.
Promotes Judicial Efficiency: The presumption of authenticity allows courts to focus on the substantive issues of the case, rather than spending time on verifying the authenticity of foreign documents.
🧭 Summary
Section 88 of the Bharatiya Sakshya Adhiniyam, 2023, provides a legal framework for presuming the authenticity of certified copies of foreign judicial records in Indian courts. By recognizing the certification practices of other countries and allowing authorized representatives to certify documents, this provision facilitates the acceptance of foreign judgments and documents, promoting efficiency and consistency in international legal proceedings.
If you have further questions or need clarification on related provisions, feel free to ask!
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