Law Maker

CHAPTER V.––OF DOCUMENTARY EVIDENCE · PRESUMPTIONS AS TO DOCUMENTS

Section 81: Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

The Court shall presume the genuineness of every document purporting to be the London Gazette or 1[any Official Gazette, or the Government Gazette] of any colony, dependency or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament 2[of the United Kingdom] printed by the Queen’s Printer, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

Footnotes in the official text

  1. 1.Subs by the A.O. 1937, for “the Gazette of India, or the Government Gazette of any L.G., or”.
  2. 2.Ins. by the A.O. 1950.

Now in the BSA

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

81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents. Explanation of S. 90BSA 80

Questions on this section

2 questions in 12 of our papers cite Section 81. Try these from the free papers:

  1. 1. To prove that a political leader made a particular statement at a public meeting, a party produces only a copy of a newspaper carrying a report of the speech. No reporter or other person who heard the speech is examined. Which of the following is correct?

  2. 2. Match List I (section of the BSA) with List II (corresponding section of the Indian Evidence Act, 1872): List I A. Section 62 (special provisions as to evidence relating to electronic record) B. Section 81 (presumption as to Gazettes in electronic or digital record) C. Section 86 (presumption as to electronic records and electronic signatures) D. Section 103 (saving of Indian Succession Act provisions relating to wills) List II 1. Section 85B 2. Section 100 3. Section 65A 4. Section 81A

Practise questions on Criminal Law