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Indian Evidence Act, 1872 · Chapter V: Of Documentary Evidence · Public documents

Section 78: Proof of other official documents

The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.

Now in the BSA section 77 (Proof of other official documents)

The following public documents may be proved as follows:––

(1) Acts, orders or notifications of [the Central Government] in any of its departments, [or of the Crown Representative] or of any State Government or any department of any State Government,–– by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by order of any such Government [or, as the case may be, of the Crown Representative];

(2) the proceedings of the Legislatures,–– 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];

(3) proclamations, orders or regulations issued by [Her Majesty] or by the Privy Council, or by any department of [Her Majesty’s Government,–– by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s Printer;

(4) 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 some [Central Act]:

(5) the proceedings of a municipal 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;

(6) 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.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.

Supreme Court judgments citing the section 78