BSA Section 78 — Presumption as to genuineness of certified copies

Summary

Sub-section (1) says the Court must treat as genuine any document that is presented as a certificate, certified copy, or other document, if the law says that type of document is acceptable as proof of a particular fact, and if it appears to be properly certified by an officer of the Central Government or a State Government. This presumption applies only if the document is substantially in the required form and appears to be signed in the manner directed by law.

Sub-section (2) says the Court must also presume that the officer who signed or certified such a document actually held the official position he claims to hold at the time he signed it.

Official Text

(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.

Old <-> New Code Mapping

• IEA §79 — Presumption as to genuineness of certified copies