Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 78: Presumption as to genuineness of certified copies.
(1) The Court shall presume to be genuine every document purporting 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:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.
Brefe Detail
Section 78 of the Bhartiya Sakshya Adhiniyam, 2023, establishes the presumption of genuineness for certified copies of documents. It states that documents certified by officers of the Central or State Government are presumed to be genuine as long as they comply with legal requirements. Additionally, the official character of the signing officer is also presumed.
Question & Answers
What does Section 78 of the Bhartiya Sakshya Adhiniyam state about certified documents?
Section 78 presumes certified documents to be genuine if they comply with legal requirements.
Who can certify these documents?
Documents can be certified by officers of the Central Government or State Government.
Is the official character of the signing officer assumed?
Yes, the court presumes that the officer held the official character claimed at the time of signing.
What conditions must a document meet to be presumed genuine?
The document must be substantially in the required form and executed in the manner directed by law.
Example
1. A certified copy of a birth certificate issued by a state government officer is presumed to be genuine.
2. A document purporting to be a certificate from the Central Government, signed by an authorized officer, is accepted as evidence unless proven otherwise.
Summary
Section 78 provides a legal presumption of genuineness for certified copies from government officers, ensuring that such documents are readily accepted as valid evidence in court, thus facilitating the judicial process.
