Code: Section 88 – Bharatiya Sakshya Adhiniyam, 2023
(1) The Court may presume that any document purporting to be a certified copy of
any judicial record of any country beyond India is genuine and accurate, if the document
purports to be certified in any manner which is certified by any representative of the Central
Government in or for such country to be the manner commonly in use in that country for the
certification of copies of judicial records.
(2) An officer who, with respect to any territory or place outside India is a Political
Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897, shall,
for the purposes of this section, be deemed to be a representative of the Central Government
in and for the country comprising that territory or place.
Explanation of Section 88 BSA
Section 88 of the Bharatiya Sakshya Adhiniyam (BSA) provides the presumption of authenticity for certified copies of judicial records from foreign countries. The court is allowed to presume that documents purporting to be certified copies of judicial records are genuine and accurate under specific circumstances outlined in the section.
Key Provisions:
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Presumption of Authenticity:
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The court presumes that documents presented as certified copies of judicial records from outside India are genuine, provided they are certified in a manner recognized by the representative of the Central Government in that country.
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Certification by Central Government Representatives:
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The certification must be done in the manner commonly used in the country where the document originates. The representative of the Central Government in that country should confirm that the certification method is standard in that country.
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Role of Political Agents:
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An officer acting as a Political Agent in any foreign territory is also deemed to be a representative of the Central Government for the purpose of certifying documents from that country.
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This section helps streamline the acceptance of foreign judicial records in Indian courts by assuming their authenticity under specified conditions.
Illustration
Example 1: Certified Copy of a Foreign Court Judgment
A certified copy of a judgment from a U.S. court is presented in an Indian court. The court presumes the authenticity of the document if it is certified by an authorized representative of the Central Government in the U.S., following the standard certification practices in that country.
Example 2: Political Agent Certifying Foreign Documents
A document from a judicial record in a country where there is no direct diplomatic mission is certified by the Indian Political Agent. The Indian court will accept this as valid proof of the document’s authenticity under Section 88.
Common Questions and Answers on Section 88 BSA
1. What documents does Section 88 apply to?
Section 88 applies to certified copies of judicial records from countries outside India.
2. How does the court verify the authenticity of foreign documents?
The court presumes the authenticity of a foreign document if it is certified by a representative of the Central Government, or an officer like a Political Agent, in the manner typically used in the country of origin.
3. Can a foreign document be challenged in court?
Yes, the presumption of authenticity can be contested if evidence suggests that the document has not been certified in the proper manner or does not meet the required standards of certification.
4. What role do Political Agents play in certifying documents?
A Political Agent, as defined in Section 3(43) of the General Clauses Act, 1897, can certify foreign documents as genuine on behalf of the Central Government.
5. Does Section 88 apply to all foreign documents?
No, it specifically applies to certified copies of judicial records from other countries and not to all types of foreign documents.
Conclusion
Section 88 of the Bharatiya Sakshya Adhiniyam (BSA) facilitates the acceptance of foreign judicial records in Indian courts by presuming the authenticity of certified copies. The court does not need to independently verify the document if it is certified by a recognized representative of the Central Government, streamlining legal procedures for foreign evidence.
For more details on the BSA and related legal provisions, visit ApniLaw.
