Section 77 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 77 of the Bharatiya Sakshya Adhiniyam, 2023, in English:
๐ Section 77 โ Proof of Other Official Documents
Text of Section 77:
The following public documents may be proved as follows:
(a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administrationโ
(i) by the records of the Departments, certified by the head of those Departments respectively; or
(ii) by any document purporting to be printed by order of any such Government;
(b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;
(c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;
(d) the Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act;
(e) the proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(f) public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.(indiankanoon.org, taxguru.in, vidhijudicial.com, thelawadvice.com, legitquest.com, kanoongpt.in)
๐งญ Understanding Section 77
Section 77 outlines how various public documents can be proved in legal proceedings. It specifies the methods by which the authenticity of such documents can be established, ensuring that they are recognized as valid evidence in court.(kanoongpt.in)
๐ Breakdown of the Provisions
Government Acts, Orders, or Notifications:
Central or State Government Documents: These can be proven by:
Certified records from the respective Department, signed by the head of that Department.
Documents that appear to be printed by order of the Government.
Parliament or State Legislature Proceedings:
Proof Methods:
Journals of the respective body.
Published Acts or abstracts.
Copies that seem to be printed by order of the Government.
Proclamations, Orders, or Regulations by Constitutional Authorities:
Proof Methods:
Copies or extracts published in the Official Gazette.
Foreign Country Legislative Acts:
Proof Methods:
Journals published by the authority of the foreign country.
Copies certified under the seal of the foreign country or sovereign.
Recognition of the act in any Central Act.
Municipal or Local Body Proceedings:
Proof Methods:
Certified copies from the legal keeper of the proceedings.
Printed books published by the authority of the body.
Other Foreign Public Documents:
Proof Methods:
Original or certified copy from the legal keeper.
Certificate under the seal of a Notary Public, Indian Consul, or diplomatic agent, confirming the authenticity of the copy.
Proof of the document's character according to the law of the foreign country.
๐งฉ Practical Application
Section 77 ensures that various public documents, both domestic and foreign, can be admitted as evidence in legal proceedings. By specifying the methods of proving these documents, it provides a clear framework for their acceptance in court.(
RELATED Blog
0 comments