Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to Gazettes, Newspapers, and Other Documents [Section 80]

Statutory Provision
Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 lays down a rule of presumption regarding the genuineness of certain official and public documents. It provides that the Court shall presume the genuineness of:

• Every document purporting to be the Official Gazette,
• Every document purporting to be a newspaper or journal, and
• Every document which purports to be one that is directed by law to be kept by any person,

provided that such document:

• Is kept substantially in the form required by law, and
• Is produced from proper custody.

This presumption is mandatory in nature, meaning the Court is bound to presume genuineness unless evidence to the contrary is produced.

Meaning of Proper Custody
The Explanation to Section 80 clarifies the concept of proper custody. A document is said to be in proper custody when:

• It is found in the place where it would naturally be kept, and
• It is under the care of the person with whom it would ordinarily be preserved.

However, the law does not insist on strict technical custody. Even if the document is not produced from its usual place of keeping, such custody will not be considered improper if:

1. It is proved that the document had a legitimate origin, or
2. The surrounding circumstances of the case reasonably make such origin probable.

This flexible approach ensures that technical objections do not defeat substantive justice.

Scope and Significance of the Section(a)Official Gazettes
Publication of rules, notifications, orders, and statutory instruments in the Official Gazette is often a mandatory legal requirement. Such publication serves two important purposes:

• It provides public notice of laws and governmental actions, and
• It acts as a formal confirmation of the validity and enforceability of the rule or order.

Under Section 80, the Official Gazette is treated as authoritative and reliable evidence. Courts rely only on the official version of the Gazette, and its genuineness need not be independently proved.

(b) Newspapers and JournalsWhile Section 80 attaches a presumption of genuineness to newspapers and journals, this presumption is limited in scope. It only establishes that:

• The newspaper or journal is genuine as a publication, and
• It was printed and circulated as it purports to be

However, the truth of the facts reported in a newspaper is not presumed. Statements of fact contained in newspapers are generally considered hearsay evidence. Therefore:

• Newspaper reports cannot be treated as proof of the facts stated therein,
• Unless the reporter or author of the report appears before the Court and testifies, or
• Unless the facts are proved through independent admissible evidence.

Thus, newspapers may be used to show that a particular statement was published, but not that the contents of the statement are true.

(c) Other Documents Directed by Law to Be KeptThe section also covers documents which the law requires certain persons or authorities to maintain, such as registers, records, or official files. If such documents are maintained substantially in the prescribed form and produced from proper custody, their genuineness is presumed without the need for formal proof.

Nature of the Presumption
The presumption under Section 80 relates only to the genuineness of the document, not to the accuracy or truth of its contents, unless expressly provided elsewhere in the Act. The presumption is rebuttable, meaning that the opposite party is free to challenge the authenticity of the document by leading contrary evidence.

Conclusion
Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 plays a vital role in simplifying proof of public and official documents such as Gazettes, newspapers, and statutory records. By allowing courts to presume their genuineness when produced from proper custody, the provision promotes judicial efficiency while maintaining safeguards against misuse by limiting the presumption strictly to authenticity and not factual correctness.