§ SECTION 77 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Proof of other official documents

Beyond certified copies, the Act tailors a proof route to each class of official document — government Acts and notifications, legislative proceedings, Presidential orders, foreign government acts, local-body records, and foreign public documents.

How to read Section 77

A menu: match the document to its proof route.

Indian Govt (a)

Dept records (head-certified) or a copy printed by order.

Legislature / orders (b)(c)

Journals / prints; and the Official Gazette.

Foreign / local (d)(e)(f)

Journals, sealed / keeper-certified copies, Consul certificates.

The bare Act

The section in its own words — the six routes.

Section 77 · verbatim

The following public documents may be proved as follows: —

(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;

In short: where §§ 75–76 dealt with certified copies generally, § 77 sets out class-specific ways of proving official documents, sparing parties from producing originals or calling officers. Indian Government Acts/notifications go in by head-certified department records or an officially-printed copy (a); legislative proceedings by journals or prints (b); Presidential / Governor proclamations by the Official Gazette (c). Three routes cover the foreign and local: foreign executive/legislative acts by journals, sealed copies or Central-Act recognition (d); municipal / local body proceedings by a keeper-certified copy or an authorised printed book (e); and any other foreign public document — the strictest — by the original, or a keeper-certified copy with a Notary / Indian Consul certificate and proof of its character under foreign law (f).

→ This carries forward IEA 1872 § 78 — proof of other official documents.

Glossary

notification

An official Government announcement — proved under (a).

printed by order of Government

The officially printed version — a proof route for (a) and (b).

journals of the House

The official record of proceedings of a legislature (b).

Official Gazette

The Government journal — proof route for Presidential/Governor orders (c).

legal keeper

The officer in lawful custody of a body’s records (e) & (f).

Notary / Indian Consul

Officials whose certificate authenticates a foreign public document (f).

The picture

Six classes of document — six proof routes.

The section, part by part

Three groups — tap each. Every clause is shown in its own words with a plain meaning.

(a) Govt(b)–(c) Legislature & orders(d)–(f) Foreign & local

intro + (a)Government Acts, orders and notifications

In one lineActs, orders or notifications of the Central or a State Government (or a department) are proved either by the department’s records certified by its head, or by a copy printed by order of that Government.

The following public documents may be proved as follows: —each is proved by…these public documents are proved as set out for each class:

(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 Administration–(a) Govt Acts / orders / notificationsActs, orders or notifications of the Central or a State Government / UT department—

(i) by the records of the Departments, certified by the head of those Departments respectively; or(i) dept records, head-certified…by the department’s records, certified by the head of the department; or

(ii) by any document purporting to be printed by order of any such Government;(ii) printed by order of Govt…by any document purporting to be printed by order of that Government.

ExampleA Ministry notification is proved by the department’s records certified by the department head, or by the copy printed by order of the Government (e.g. in the official publication).

✗ Not thisYou need not call the officer who signed the notification — the certified departmental record or the officially-printed copy is enough.

clauses (b)–(c)Legislatures and Presidential orders

In one lineLegislative proceedings are proved by the House journals or official prints; proclamations and orders of the President/Governor by the Official Gazette.

(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;(b) legislature proceedingsParliament / State Legislature proceedings — by their journals, published Acts/abstracts, or copies printed by order of the Government.

(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;(c) Presidential / Governor orders → GazetteProclamations / orders / Regulations of the President, a Governor, Administrator or Lt. Governor — by copies or extracts in the Official Gazette.

ExampleA State Act’s passage is proved by the Assembly’s journal; the President’s proclamation by its Gazette copy.

✗ Not thisFor (c) the Gazette copy is the route — you do not produce the signed original proclamation.

clauses (d)–(f)Foreign acts, local bodies, foreign documents

In one lineForeign government acts, municipal / local body proceedings, and other foreign public documents each have a tailored route — the last is the strictest.

(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;(d) foreign Acts / legislatureForeign executive Acts / legislature proceedings — by their journals (published or commonly received), a copy under the country’s seal, or a recognition in a 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;(e) municipal / local bodyMunicipal / local body proceedings — by a copy certified by the legal keeper, or a printed book published by the body’s authority.

(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.(f) other foreign public docsOther foreign public documents — by the original, or a copy certified by the legal keeper with a Notary / Indian Consul / diplomatic agent certificate, plus proof of the document’s character under foreign law.

ExampleA foreign statute by its official journal or a sealed certified copy; a municipal resolution by a copy certified by its legal keeper; a foreign public deed by a copy certified with a Consul / Notary certificate.

✗ Not thisClause (f) is the strictest: a foreign public document of any other class needs the original, or a copy certified by the legal keeper plus a Notary / Indian Consul certificate and proof of its character under foreign law.

Connected provisions

§ 74

IEA 1872, § 78

Carried forward — proof of other official documents.

Bharatiya Sakshya Adhiniyam, 2023 — Section 77: Proof of other official documents