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

Section 86: Presumption as to certified copies of foreign judicial records

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

The Court may presume that any document purporting to be a certified copy of any judicial record of ¹[²* * * any country not forming part of India or] of Her Majesty’s Dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of ³* * * the ⁴[Central Government] ⁵[in or for] ⁶[such country] to be the manner commonly in use in ⁷[that country] for the certification of copies of judicial records.

⁸[An officer who, with respect to ⁹*** any territory or place not forming part of ¹⁰[India or] Her Majesty’s Dominions, is a Political Agent there for, as defined in section 3, ¹¹[clause (43)], of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the ¹²[Central Government] ¹³[in and for the country] comprising that territory or place.]

Footnotes in the official text

1.Subs. by the A.O. 1950, for “any country not forming part”.
2.The words “a Part B State or of” omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951).
3.The words “Her Majesty or of” omitted by A.O. 1950.
4.Subs. by the A.O. 1937, for “Government of India”.
5.Subs. by Act 3 of 1891, s. 8, for “resident in” (w.e.f. 13-2-1891).
6.Subs. by Act 3 of 1951, s. 3 and the Schedule, for “such Part B State or Country” (w.e.f. 1-4-1951).
7.Subs. by s. 3 and the Schedule, ibid., for “that State or Country” (w.e.f. 1-4-1951).
8.Subs. by Act 5 of 1899, s. 4, for the para added by Act 3 of 1891, s. 3 (w.e.f. 10-2-1899).
9.The words “a Part B State or” ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule (w.e.f. 1-4-1951).
10.Ins. by the A.O. 1950.
11.Subs., ibid., for clause (40).
12.Subs. by the A.O. 1937, for “Government of India”.
13.Subs. by Act 3 of 1951, s. 3 and the Schedule, for “in and for that Part B State or country” (w.e.f. 1-4-1951).

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

86. Presumption as to certified copies of foreign judicial records.

BSA 88

Leading cases

Y. Narasimha Rao v. Y. Venkata Lakshmi (1991)A foreign divorce decree passed by a court lacking jurisdiction under the Hindu Marriage Act, on a ground unknown to that Act, against a wife who did not submit to the forum, cannot be recognised in India.

Questions on this section

2 questions in 13 of our papers cite Section 86. Try these from the free papers:

1. Consider the following statements regarding presumptions under the BSA: 1. The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country and to contain any of the laws of that country. 2. The Court shall presume that a document purporting to be a certified copy of a judicial record of a country beyond India is genuine and accurate, if it is certified in the manner which a representative of the Central Government certifies to be the one commonly in use in that country. 3. The Court may presume that a published map or chart, whose statements are relevant facts and which is produced for its inspection, was written and published by the person, and at the time and place, by whom or at which it purports to have been written or published. Which of the statements given above is/are correct?
2. Which of the following presumptions contained in the Indian Evidence Act, 1872 has NO corresponding provision in the BSA?

Practise questions on Criminal Law