§ SECTION 78 · BSA 2023 · CHAPTER V — DOCUMENTARY EVIDENCE

Presumption as to genuineness of certified copies

The presumptions run begins. The Court shall presume genuine an official certificate or certified copy that the law makes admissible and that is duly certified by a Government officer — and shall also presume the officer’s authority. Both are mandatory but rebuttable.

How to read Section 78

The court assumes the official copy is real — until shown otherwise.

(1) Genuine

A law-admissible, Govt-certified document is presumed genuine — if in proper form.

(2) Authority

The certifying officer is presumed to have held his office.

‘Shall presume’

Mandatory but rebuttable — not conclusive proof.

The bare Act

The section in its own words — the two presumptions and the proviso.

Section 78 · verbatim

(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer of the Central Government or of a State Government:

Proviso.—Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.

In short: Chapter V now turns to presumptions — short-cuts that spare a party from proving routine authenticity. § 78 is the first: when a document looks like a certificate or certified copy, is declared admissible by law, and purports to be certified by a Central or State Government officer, the Court shall presume it genuine — so long as it is substantially in the proper form and executed as the law directs. Sub-section (2) adds a second presumption: that the officer who signed or certified it actually held the office he claims. Both are “shall presume” — the Court is bound to assume them, but the assumptions are rebuttable by contrary evidence, unlike “conclusive proof”.

→ This carries forward IEA 1872 § 79 — presumption as to genuineness of certified copies. It opens the presumptions run (§§ 78–93).

Glossary

shall presume

The court is bound to assume the fact — unless it is rebutted.

may presume

The court may assume it — or call for proof (discretionary).

conclusive proof

Irrebuttable — contrary evidence is not allowed.

genuine

Authentic — really what it purports to be.

official character

The office the certifying officer claims to hold (sub-section 2).

substantially in the form

Broadly in the prescribed shape — minor slips do not defeat it.

The picture

The starting assumption — genuine, and duly signed.

The section, part by part

Tap a part — the picture-story tells it first; the word-by-word text and example follow.

(1) Genuine(2) + presumption family

sub-section (1) + provisoOfficial certified documents are presumed genuine

In one lineThe Court shall presume genuine a certificate / certified copy that the law makes admissible and that purports to be certified by a Government officer — provided it is in the proper form and manner.

(1) The Court shall presume to be genuine every document purporting to be a certificate, certified copy or other document,SHALL presume it GENUINEthe Court must presume genuine any document that purports to be a certificate, certified copy or other document…

which is by law declared to be admissible as evidence of any particular factif the law makes it admissible…that the law declares admissible as evidence of a particular fact…

and which purports to be duly certified by any officer of the Central Government or of a State Government:& certified by a Govt officer…and that purports to be duly certified by a Central or State Government officer.

Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.IF in the proper form & manner— provided it is substantially in the proper form and executed in the manner the law directs.

ExampleA certified copy of a registered deed, signed by the sub-registrar in the prescribed form, is presumed genuine — you need not prove his signature or that the copy is authentic.

✗ Not this‘Shall presume’ is a mandatory starting point, not a conclusive rule. The presumption is rebuttable — the other side may lead evidence to show the document is not genuine.

sub-section (2) + the presumption familyAlso presume the officer’s authority

In one lineThe Court also presumes the signing officer held the office he claims. Both limbs use ‘shall presume’ — mandatory, but rebuttable (unlike ‘conclusive proof’).

(2) The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.& presume the OFFICER’s authoritythe Court also presumes that the signing / certifying officer held the official character he claims.

‘shall presume’ = mandatorythe court MUST assume itthe court is bound to make the assumption — unless it is rebutted by evidence.

‘may presume’ = discretionarythe court MAY assume, or ask for proofelsewhere the court has a choice — presume the fact, or require it to be proved.

‘conclusive proof’ = irrebuttablecannot be disprovedthe strongest — once the base fact is shown, contrary evidence is not allowed.

ExampleThe sub-registrar who certified the copy is presumed to have been the sub-registrar — you need not separately prove his appointment to office.

✗ Not this‘Shall presume’ is not ‘conclusive proof’. The presumption can be displaced by contrary evidence, and it applies only where the document is in proper form and certified by a Government officer.

Connected provisions

§ 75

IEA 1872, § 79

Carried forward — presumption as to genuineness of certified copies.

Bharatiya Sakshya Adhiniyam, 2023 — Section 78: Presumption as to genuineness of certified copies