IEA Section 79 — Presumption as to genuineness of certified copies

Summary

If a document appears to be a certificate, certified copy, or other official paper that the law says can be used as evidence of a fact, and it appears to be properly certified by an officer of the central or state government (or an authorized officer in Jammu and Kashmir), the court must treat it as genuine. This only applies if the document is in the correct form and appears to have been prepared in the way the law requires. The court must also assume that the officer who signed or certified the document actually held the official position they claim to have held at the time they signed it.

Official Text

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 an officer of the Central Government or of a State Government, or by any officer in the Slate of Jammu and Kashmir who is duly authorized thereto by the Central Government;


Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
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

• BSA §78 — Presumption as to genuineness of certified copies