BSA §79
Whenever any document is produced before any Court, purporting to be a.
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79. Presumption as to genuineness of certified copies. –– The Court shall presume 8[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 9[of the Central Government or of a State Government, or by any officer 10[in the State of Jammu and Kashmir] who is duly authorized thereto by the Central Government]: 1. Subs. by the A.O. 1937, for “the Executive Government of British India”. 2. Ins. ibid. 3. Subs. ibid., for “by order of Government.”. 4. The words “her Majesty” shall stand unmodified, vide the A.O. 1950. 5. Subs. by the A.O. 1937, for “public Act of the Governor General of India in Council”. 6. Subs. by the A.O. 1950, for “a Province”. 7. Subs. by ibid., for “a British Consul”. 8. Ins. by the A.O. 1948. 9. The original words beginning from “in British India” and ending with the words “to be genuine” have been successively amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above. 10. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “in a Part B State”. Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. 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.
79. Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, Proof of documents by production of certified copies. Proof of other official documents. Presumption as to genuineness of certified copies. Presumption as to documents produced as record of evidence, etc. and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume that— (i) the document is genuine; (ii) any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true; and (iii) such evidence, statement or confession was duly taken.
What changedAI-inferred
Presumption as to genuineness of certified copies.
Old position
IEA 79 is concerned with Presumption as to genuineness of certified copies. Presumption as to genuineness of certified copies
New position
BSA 79 preserves the framework with drafting modernisations as required by the new code. Topic: Whenever any document is produced before any Court, purporting to be a.. Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such
BSA 79 (Whenever any document is produced before any Court, purporting to be a.) preserves the framework of IEA 79. BSA 79 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 79 text: Whenever any...
Editorial deltaAI-indicated (source-linked)
BSA 79 (Whenever any document is produced before any Court, purporting to be a.) preserves the framework of IEA 79. BSA 79 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 79 text: Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorised by law to take such evidence or to be a statement or confession by any prisoner or accused person,...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 79 continues to apply. For matters from that date forward, BSA 79 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 79 (Whenever any document is produced before any Court, purporting to be a.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §79 → BSA §79 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/79.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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