Code: Section 75 – Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation.—Any officer who, by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.
Explanation of Section 75 BSA
Section 75 of the Bharatiya Sakshya Adhiniyam outlines the process and requirements for obtaining certified copies of public documents. It affirms a citizen’s right to access authenticated copies of public records, provided they have the right to inspect the document and have paid the prescribed legal fee.
Key Provisions:
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Right to Copy: Any person legally entitled to inspect a public document can demand a certified copy upon payment of the applicable fee.
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Certification Details: The public officer providing the copy must:
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Write a certification at the bottom of the copy confirming it is a true copy of the original.
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Sign and date the copy.
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Include their name and official title.
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Affix a seal if they are authorised by law to use one.
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Legal Recognition: The certified copy is legally valid and referred to as a “certified copy,” making it admissible in court as secondary evidence.
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Officer in Custody: The explanation clarifies that any officer authorized to provide such copies as part of their regular duties is considered to be in custody of the document under this section.
Illustration
Example:
A person needs a certified copy of a registered lease agreement for submission in a rent control tribunal. They approach the office of the sub-registrar where the lease was registered. Upon submitting a written request and paying the prescribed fee, the sub-registrar issues a copy of the lease deed. The bottom of the copy includes a certificate stating that it is a true copy, signed, dated, and sealed by the sub-registrar. This certified copy can then be used as evidence in legal proceedings.
Common Questions and Answers on Section 75 BSA
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Who can request a certified copy under Section 75? Any person who has the legal right to inspect a public document is entitled to request a certified copy from the officer in charge.
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What is a certified copy? A certified copy is a true reproduction of a public document, authenticated by a public officer with a certificate, date, signature, title, and seal (if applicable).
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Are certified copies valid in court? Yes, certified copies are admissible as secondary evidence under the Bharatiya Sakshya Adhiniyam and can be relied upon in legal proceedings.
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How much does it cost to obtain a certified copy? The fees vary depending on the department and nature of the document. The law requires payment of prescribed legal fees.
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Can certified copies be issued electronically? While Section 75 refers to physical copies, many departments now issue digitally signed certified copies which are also valid, subject to IT laws.
Conclusion
Section 75 of the Bharatiya Sakshya Adhiniyam is a critical provision for ensuring transparency and access to justice. By enabling individuals to obtain certified copies of public documents, it supports the admissibility of reliable and authenticated evidence in legal and administrative matters. The section also empowers citizens to interact confidently with government processes and documentation.
For more legal insights and updated interpretations of evidence law, visit ApniLaw.
