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Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Certified Copies of Public Documents [Section 75]
Concept and Purpose of Section 75
Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the legal framework relating to certified copies of public documents. This provision explains what constitutes a certified copy, identifies the authority competent to issue such copies, and specifies the conditions under which such copies must be supplied.
The object of this section is to ensure transparency in public administration and to facilitate access to public records by persons who are legally entitled to inspect them, without requiring production of the original document in every case.
Statutory Provision
Explained Under Section 75, every public officer who has custody of a public document is under a statutory obligation to provide a certified copy of that document to any person who has a legal right to inspect it. Such copies must be issued on request and upon payment of the prescribed fee.
The section further clarifies that even if an officer does not have direct custody of the document, but is authorised in the ordinary course of official duties to issue copies, such officer shall be deemed to have custody of the document for the purposes of this section.
Meaning of Certified Copy
A certified copy is a reproduction of a public document or a part thereof, accompanied by an official certificate stating that it is a true and accurate copy of the original. For a copy to qualify as a certified copy under Section 75, the following formalities must be fulfilled:
Scope and Legal Effect
Certified copies issued in compliance with Section 75 can be produced in court as proof of the contents of public documents. Once such a certified copy is produced, no further proof is required regarding its authenticity, and the issuing officer need not be examined as a witness unless the genuineness of the copy itself is disputed.
However, a copy which does not bear the requisite certificate or is not properly authenticated does not qualify as a certified copy and is inadmissible unless supported by independent evidence.
Essential Conditions for Admissibility
For admissibility of a certified copy under this section, the following conditions must be satisfied:
Judicial InterpretationIn State of Haryana v. Ram Singh, the Supreme Court held that certified copies of registered sale deeds could be relied upon as evidence in land acquisition proceedings for determining market value. The Court clarified that once certified copies are produced, examination of the parties to the original transaction is not mandatory. This decision reinforces the evidentiary value of certified copies under the law.
Conclusion
Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 provides a clear and reliable mechanism for obtaining and using certified copies of public documents. By treating such copies as legally authentic reproductions of original public records, the provision promotes efficiency in judicial proceedings while safeguarding original documents from unnecessary handling. It plays a vital role in balancing accessibility, authenticity, and administrative convenience within the evidentiary system.
Concept and Purpose of Section 75
Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the legal framework relating to certified copies of public documents. This provision explains what constitutes a certified copy, identifies the authority competent to issue such copies, and specifies the conditions under which such copies must be supplied.
The object of this section is to ensure transparency in public administration and to facilitate access to public records by persons who are legally entitled to inspect them, without requiring production of the original document in every case.
Statutory Provision
Explained Under Section 75, every public officer who has custody of a public document is under a statutory obligation to provide a certified copy of that document to any person who has a legal right to inspect it. Such copies must be issued on request and upon payment of the prescribed fee.
The section further clarifies that even if an officer does not have direct custody of the document, but is authorised in the ordinary course of official duties to issue copies, such officer shall be deemed to have custody of the document for the purposes of this section.
Meaning of Certified Copy
A certified copy is a reproduction of a public document or a part thereof, accompanied by an official certificate stating that it is a true and accurate copy of the original. For a copy to qualify as a certified copy under Section 75, the following formalities must be fulfilled:
- The copy must bear a certificate at its foot declaring it to be a true copy of the original document or the relevant part thereof.
- The certificate must be dated and signed by the issuing officer.
- The name and official designation of the officer must be clearly mentioned.
- Where the officer is authorised to use an official seal, the copy must be duly sealed.
Scope and Legal Effect
Certified copies issued in compliance with Section 75 can be produced in court as proof of the contents of public documents. Once such a certified copy is produced, no further proof is required regarding its authenticity, and the issuing officer need not be examined as a witness unless the genuineness of the copy itself is disputed.
However, a copy which does not bear the requisite certificate or is not properly authenticated does not qualify as a certified copy and is inadmissible unless supported by independent evidence.
Essential Conditions for Admissibility
For admissibility of a certified copy under this section, the following conditions must be satisfied:
- The document must be one which the law permits the public or a class of persons to inspect.
- The copy must be certified as a true copy by the officer having custody of the original or authorised to issue such copies.
- The certification must include the date, signature, official designation, and seal (where applicable).
Judicial InterpretationIn State of Haryana v. Ram Singh, the Supreme Court held that certified copies of registered sale deeds could be relied upon as evidence in land acquisition proceedings for determining market value. The Court clarified that once certified copies are produced, examination of the parties to the original transaction is not mandatory. This decision reinforces the evidentiary value of certified copies under the law.
Conclusion
Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 provides a clear and reliable mechanism for obtaining and using certified copies of public documents. By treating such copies as legally authentic reproductions of original public records, the provision promotes efficiency in judicial proceedings while safeguarding original documents from unnecessary handling. It plays a vital role in balancing accessibility, authenticity, and administrative convenience within the evidentiary system.
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