Section 76 – Bharatiya Sakshya Adhiniyam (BSA) – Proof Of Documents By Production Of Certified Copies.

Code: Section 76 – Bharatiya Sakshya Adhiniyam, 2023 (BSA)

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Explanation of Section 76 BSA

Section 76 of the Bharatiya Sakshya Adhiniyam clarifies the legal status of certified copies of public documents. It confirms that once a document is certified in accordance with Section 75, it can be used as valid evidence in legal proceedings.

This provision reduces the need to produce the original public document in court every time. Certified copies act as secondary evidence and are considered sufficient proof of the contents of the original.

Key Takeaways:

• Certified copies of public documents can be used as evidence in court.

• These copies serve as proof of the contents of the original public document or a part thereof.

• There is no need to summon the original document if a certified copy is available and validly issued under Section 75 BSA.

Illustration

Example:

Suppose a person needs to prove the contents of a registered sale deed in a property dispute. Instead of presenting the original document, they can obtain a certified copy from the sub-registrar’s office. Under Section 76, this certified copy is admissible in court to prove the contents of the original sale deed.

Common Questions and Answers on Section 76 BSA

1. What does Section 76 BSA allow? It allows certified copies of public documents to be used as evidence in place of the original documents in court.

2. Are certified copies treated the same as originals? No, they are considered secondary evidence, but are fully admissible when produced according to Section 75.

3. Can any copy of a public document be used in court? Only certified copies, as defined in Section 75 and issued by an authorised public officer, are admissible under Section 76.

4. Is it mandatory to bring the original public document to court? Not if a valid certified copy is available. Section 76 enables reliance on certified copies to prove content without producing the original.

5. Does this apply to all public documents? Yes, as long as the document is classified as a public document under Section 74 and the certified copy complies with Section 75.

Conclusion

Section 76 of the Bharatiya Sakshya Adhiniyam provides crucial procedural efficiency in legal proceedings by allowing certified copies of public documents to be used as valid evidence. This provision safeguards the integrity of evidence while eliminating the need for repeated production of original public records.

For more legal insights and explanations on document admissibility, visit ApniLaw