eMunshiFor citizens
BSA · Section 88 · Chapter V — OF DOCUMENTARY EVIDENCE

Presumption as to certified copies of foreign judicial records.

What this section does

The Court may presume that a document purporting to be a certified copy of a foreign judicial record is genuine and accurate, if it is certified in a manner that a Central Government representative in that country certifies to be the manner commonly used there for certifying copies of judicial records. A Political Agent (as defined in the General Clauses Act, 1897) for a territory outside India is deemed a Central Government representative for this purpose.

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

The rule in one line

Court may presume genuineness and accuracy of certified copies of foreign judicial records when certified in the manner attested by a Central Government representative.

When it applies

  • A certified copy of a judgment from a US court, certified in the manner attested by the Indian Consul in the US as the common mode of certification there, may be presumed genuine.
  • A Political Agent for a territory outside India certifies the mode of certification — copies so certified may be presumed genuine under this section.

Practitioner note

This is a discretionary presumption ('may presume') unlike the mandatory presumptions in several other sections. Reference to Political Agent is defined under s.3(43) of the General Clauses Act, 1897.

Old-law correspondence

Derived from IEA s.86.

Read the official text

For the binding statutory text of BSA Section 88, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 88 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.