Presumption as to certified copies of foreign judicial records
A softer, discretionary presumption for overseas records. The Court may presume a certified copy of a foreign court’s judicial record genuine and accurate — if certified in that country’s usual manner, as a Central-Government representative confirms.
How to read Section 88
The Court may — not must — trust the foreign copy.
A certified copy of a foreign court’s judicial record.
Certified in that country’s usual manner, as a Central-Govt rep confirms.
‘May presume’ — discretionary, weaker than ‘shall presume’.
The bare Act
The section in its own words — the discretionary presumption and the Political-Agent deeming.
(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
(2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.
In short: a copy of a foreign court’s record cannot be tested against Indian certification rules, so the Act offers a discretionary presumption. The Court may (not must) presume such a certified copy genuine and accurate, provided it is certified in a manner that a representative of the Central Government in or for that country certifies is the manner commonly used there. Sub-section (2) fills a gap: where India’s presence is a Political Agent (as the General Clauses Act, 1897 defines), that Agent is deemed the Central-Government representative for this section. Note the strength — this is ‘may presume’, the softer, discretionary tier, in contrast to the mandatory ‘shall presume’ of the neighbouring sections.
→ This carries forward IEA 1872 § 86 — presumption as to certified copies of foreign judicial records.
Glossary
The Court may assume it — or call for proof (discretionary).
A court’s official record — here, of a foreign court.
Any foreign country — the section’s subject.
The country’s usual way of certifying record-copies.
Whose certification of the manner triggers the presumption.
An officer (per the General Clauses Act, 1897) deemed that representative.
The picture
A foreign copy, a discretionary trust.
The section, part by part
Two sub-sections — tap each. Every clause is shown in its own words with a plain meaning.
sub-section (1)A foreign court-record copy — may be presumed genuine
sub-section (2) + ‘may’ vs ‘shall’Who the ‘representative’ is — and how strong the presumption is