IEA §78 → BSA §78
Proof of other official documents. PRESUMPTIONS AS TO DOCUMENTS
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Comparison
78. Proof of other official documents.–– The following public documents may be proved as follows:––
(1) Acts, orders or notifications of 1[the Central Government] in any of its departments, 2[or of the Crown Representative] or of any State Government or any department of any State Government, –– by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by order of any such Government 3[or, as the case may be, of the Crown Representative];
(2) the proceedings of the Legislatures,–– by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed 3[by order of the Government concerned];
(3) proclamations, orders or regulations issued by 4[Her Majesty] or by the Privy Council, or by any department of 4[Her Majesty’s Government,–– by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s Printer;
(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country, –– by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some 5[Central Act]:
(5) the proceedings of a municipal body in 6[a State], –– by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(6) public documents of any other class in a foreign country, –– by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of 7[an Indian Consul] or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country. PRESUMPTIONS AS TO DOCUMENTS
78.
(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.
What changedAI-inferred
Proof of other official documents.
Old position
IEA 78 is concerned with Proof of other official documents. PRESUMPTIONS AS TO DOCUMENTS. Proof of other official documents
New position
BSA 78 preserves the framework with drafting modernisations as required by the new code. Topic: The Court shall presume to be genuine every document purporting to be.. 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
BSA 78 (The Court shall presume to be genuine every document purporting to be.) preserves the framework of IEA 78. BSA 78 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 78 text: The Court shall...
Editorial deltaAI-indicated (source-linked)
BSA 78 (The Court shall presume to be genuine every document purporting to be.) preserves the framework of IEA 78. BSA 78 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 78 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 78 continues to apply. For matters from that date forward, BSA 78 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 78 (The Court shall presume to be genuine every document purporting to be.). 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 §78 → BSA §78 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/78.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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