Section 76 BSA 2023: Proof of Documents by Production of Certified Copies
Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the method of proving the contents of a public document through a certified copy. It works with Section 74, which classifies public and private documents, and Section 75, which explains certified copies of public documents.
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023. It received Presidential assent on December 25, 2023 and came into force on July 1, 2024. It provides the general rules and principles of evidence applicable to judicial proceedings covered by the Adhiniyam.
Text of Section 76 of the Bharatiya Sakshya Adhiniyam, 2023
76. Proof of documents by production of certified copies.
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.
Meaning and effect of Section 76 BSA
The section permits a party to prove the contents of a public document by producing its certified copy. The provision is important because a person ordinarily need not insist on production of the original public record where the law recognises a properly certified copy as the permissible means of proof.
The expression "such certified copies" links Section 76 directly to Section 75. Therefore, the copy relied upon should satisfy the statutory requirements applicable to a certified copy of a public document, including certification by the competent public officer having custody of the document or otherwise authorised in the ordinary course of official duty to deliver certified copies.
What is a public document under Section 74?
Section 74 identifies public documents. Broadly, it covers documents forming the acts or records of acts of sovereign authorities, official bodies and tribunals, and public officers acting in legislative, judicial or executive capacities, as well as public records kept in a State or Union territory of private documents. Documents falling outside the statutory category of public documents are treated as private documents.
Whether Section 76 can be used therefore depends first on whether the document concerned is a public document within Section 74 and whether the copy relied upon is a certified copy contemplated by Section 75.
Certified copy under Section 75 BSA
Under Section 75, where a person has a right to inspect a public document, the public officer having custody of that document is required, on demand and payment of the prescribed legal fee, to provide a copy carrying the required certification. The certificate identifies the copy as a true copy and is dated and subscribed by the authorised officer with the officer's name and official title, with an official seal where the law authorises use of such seal.
Practical requirements for relying on Section 76
- The source document should be a public document within Section 74 BSA.
- The copy should qualify as a certified copy under Section 75 BSA.
- The certified copy may be used to prove the contents of the whole public document or the relevant part that it purports to reproduce.
- Section 76 concerns proof of contents; other questions such as presumptions regarding genuineness may be governed by provisions including Section 78.
- The nature of the proceeding and any special statutory rule governing a particular record should also be checked before relying on the copy.
Relationship with Sections 74 to 78 BSA
Sections 74 to 78 form a connected group of provisions dealing with public documents, certified copies, and proof of official records. Section 74 identifies public and private documents; Section 75 provides for certified copies; Section 76 permits proof through those certified copies; Section 77 prescribes modes of proving certain other official documents; and Section 78 deals with the presumption as to genuineness of certified copies.
For this reason, Section 76 should normally be read together with Section 74, Section 75, Section 77, and Section 78.
Section 76 BSA and the earlier Indian Evidence Act
Section 76 BSA substantially carries forward the rule contained in Section 77 of the Indian Evidence Act, 1872 concerning proof of public documents by certified copies. The numbering changed under the Bharatiya Sakshya Adhiniyam, 2023, so legal research should use the BSA section number for proceedings governed by the new law while also checking the applicable transitional and procedural context.
Example
If a public record maintained by a competent authority falls within Section 74 and an authorised officer issues a certified copy in accordance with Section 75, that certified copy may be produced under Section 76 to prove the contents of the public record or the relevant certified part of it, subject to any other applicable rule of law.
Key takeaway
Section 76 provides a statutory route for proving the contents of public documents through certified copies. The essential questions are whether the original is a public document, whether the copy satisfies Section 75, and whether any special law or related evidentiary provision affects its admissibility or evidentiary value.
This page is a general legal information resource. The evidentiary treatment of a particular document may depend on the nature of the record, the proceeding, the manner in which the copy was issued, and other applicable provisions.