BSA Section 80 — Presumption as to Gazettes, newspapers, and other documents

Summary

The Court must presume that every document which appears to be the Official Gazette, a newspaper or journal, or a document that any law requires a person to keep, is genuine, provided the document is kept substantially in the form required by law and is produced from proper custody.

The explanation clarifies what proper custody means for this section and for section 92. A document is in proper custody if it is kept in the place and with the person where such document is required to be kept. However, custody is not considered improper if it is proved to have a legitimate origin, or if the circumstances of the particular case make that origin probable.

Official Text

The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

Explanation.—For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.

Sections referred to

• BSA §92 — Presumption as to documents thirty years old

Referred to by

• BSA §92 — Presumption as to documents thirty years old

Old <-> New Code Mapping

• IEA §81 — Presumption as to Gazettes, newspapers, and other documents