BSA Section 88 — Presumption as to certified copies of foreign judicial records

Summary

Sub-section (1) allows a court to assume that a document claiming to be a certified copy of a judicial record from a foreign country is genuine and accurate. This presumption applies if the document appears to be certified in a way that a representative of the Central Government in or for that country has confirmed is the usual method of certifying copies of judicial records in that country.

Sub-section (2) states that an officer who is a Political Agent for any territory or place outside India, as defined in clause (43) of section 3 of the General Clauses Act, 1897, will be treated as a representative of the Central Government in and for the country that includes that territory or place, for the purposes of this section.

Official Text

(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 (10 of 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.

Old <-> New Code Mapping

• IEA §86 — Presumption as to certified copies of foreign judicial records