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BSA · Section 78 · Chapter V — OF DOCUMENTARY EVIDENCE

Presumption as to genuineness of certified copies.

What this section does

The court shall presume the genuineness of every document purporting to be a certificate, certified copy, or other document declared admissible by law, provided it is substantially in the required form and purports to be duly certified by an officer of the Central or State Government. The court shall also presume that the officer who signed or certified the document held the official character claimed therein at the time of signing.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Courts must presume the genuineness of duly certified government documents and the official character of the certifying officer at the time of certification.

When it applies

  • A certified copy of a birth register purporting to be signed by a municipal officer is presumed genuine without further proof of the officer's identity or authority.
  • A certificate issued by a State Government officer declaring a particular fact is presumed to be genuine and the officer is presumed to have held the claimed official title when issuing it.
Old-law correspondence

Derived from IEA s.79.

Read the official text

For the binding statutory text of BSA Section 78, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 78 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.