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PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE · Presumptions as to documents

Section 88: Presumption as to certified copies of foreign judicial records

The Bharatiya Sakshya Adhiniyam, 2023

(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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

2 questions in 16 of our papers cite Section 88. Try these from the free papers:

  1. 1. Which of the following presumptions contained in the Indian Evidence Act, 1872 has NO corresponding provision in the BSA?

Practise questions on Bharatiya Sakshya Adhiniyam