Indian Evidence Act
(IEA)
Proof of other official documents.
Chapter 5: Of Documentary Evidence
Section: 78
The following public documents may be proved as follows : (1) Acts, orders or notifications of [the Central Government] [Substituted by A.O. 1937, for "the Executive Government of British India".] in any of its departments, [or of the Crown Representative] [Inserted by A.O. 1937.] or of any State Government or any department of any State Government, - by the records of the departments, certified by the heads 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; or by any document purporting to be printed by order of any such Government [or, as the case may be, of the Crown Representative;] [Inserted by A.O. 1937.] (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;] [Substituted by A.O. 1937, for "by order of Government".] (3) Proclamations, orders or regulations issued by [Her Majesty] [The words "Her Majesty" stand unmodified, vide A.O. 1950.] or by Privy Council, or by any department of [Her Majesty‘s] [The words "Her Majesty" stand unmodified, vide A.O. 1950.] 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] [Substituted by A.O. 1937, for "public Act of the Governor General of India in Council".]; (5) The proceedings of a municipal body in [ a State] [Substituted by A.O. 1950, for "a Province".], - 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 seal of a Notary Public, or of [an Indian Consul] [Substituted by A.O. 1950, for "a British 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.
West Bengal. (Amended by Act 20 of 1960, Section 3, w.e.f. 5.1.1961) After Section 78 insert the following new section:78-A.Copies of public documents to be as good as original documents in certain cases. Notwithstanding anything contained in this Act or any other law for the time being in force, where any public documents concerning any areas within West Bengal have been kept in Pakistan, then copies of such public documents, shall, on being authenticated in such manner as may be prescribed from time to time by the State Government by notification in the official Gazette, be deemed to have taken the place of, and to be, the original documents from which such copies were made and all references to the original documents shall be construed as including references to such copies." |
Presumptions As To Documents
