(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.
Explanation of Section 78 BSA
Section 78 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, lays down a legal presumption in favor of government-certified documents. It mandates that courts must accept certain documents as genuine without requiring formal proof of their authenticity, provided they:
Are legally admissible as evidence,
Are certified by an officer of the Central or State Government,
Are in the prescribed legal form and executed in the prescribed manner.
Additionally, the Court shall also presume that the certifying officer held the official position at the time of signing.
This section significantly reduces delays in court proceedings by eliminating the need to call witnesses or officials to verify every certified document.
Illustration
Example 1: Certified School Leaving Certificate
A school leaving certificate issued and certified by a government school principal is produced in court as proof of date of birth. The Court will presume it to be genuine under Section 78, without requiring further verification.
Example 2: Income Certificate for Legal Aid
An income certificate certified by a Revenue Officer under government seal is submitted. The Court shall presume both the authenticity of the certificate and the designation of the certifying officer.
Common Questions and Answers on Section 78 BSA
❓ What is the key purpose of Section 78?
✅ To presume certain government-issued or certified documents as genuine, thereby speeding up judicial procedures.
❓ What kinds of documents does it apply to?
✅ Certificates, certified copies, or documents declared legally admissible and certified by a Central or State Government officer.
❓ Is the presumption under Section 78 absolute?
✅ No. It is a rebuttable presumption. A party can contest the authenticity by producing credible contrary evidence.
❓ What if the certifying officer’s designation is disputed?
✅ The Court shall presume that the officer held the official character stated on the document at the time of certification.
❓ Does this apply to private documents?
✅ No. Section 78 applies only to official documents certified by public officers.
Conclusion
Section 78 of the Bharatiya Sakshya Adhiniyam plays a crucial role in ensuring judicial efficiency by recognizing the authenticity of certified government documents without requiring extensive proof. It builds legal trust in official records and reduces unnecessary procedural delays.
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