Presumption as to Gazettes, newspapers, and other documents.
What this section does
The court shall presume the genuineness of every document purporting to be the Official Gazette, a newspaper or journal, or a document directed by law to be kept by any person, provided it is kept substantially in the required form and produced from proper custody. A document is in proper custody if kept in the place and by the person required by law, though custody is not improper if a legitimate origin is proved or probable.
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 Official Gazettes, newspapers, legally mandated registers, and similar documents when produced from proper custody in substantially the required form.
When it applies
- A copy of the Official Gazette purporting to contain a government notification is presumed genuine when produced from the government press or official repository.
- A register of births maintained by a municipal authority in the prescribed form and produced from the municipal office is presumed genuine without further proof.
Practitioner note
The Explanation clarifies that 'proper custody' means the legally designated place and person, but custody is not rendered improper merely because the document was found elsewhere if a legitimate origin is proved or probable — this mirrors the common law rule on ancient documents.
Derived from IEA s.81.
Read the official text
For the binding statutory text of BSA Section 80, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 80 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.