​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023-Presumption as to the Genuineness of Certified Copies [Section 78]

Statutory Provision
Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the rule relating to the presumption of genuineness of certified copies and similar official documents. The provision recognises the reliability of documents issued or certified by public authorities and facilitates their acceptance in judicial proceedings without requiring strict proof in every case.
Under Section 78(1), the Court shall presume the genuineness of every document purporting to be a certificate, a certified copy, or any other document, provided the following conditions are satisfied:

1. The document is declared by law to be admissible as evidence of a particular fact;
2. It purports to be duly certified by an officer of the Central Government or a State Government; and
3. It is substantially in the prescribed form and appears to have been executed in the manner directed by law.

Underlying Principle
Sections 78 to 93 of the Bharatiya Sakshya Adhiniyam are based on the well-established legal maxim omnia praesumuntur rite esse acta, meaning all official acts are presumed to have been done regularly and correctly. This principle reflects judicial confidence in the integrity and regularity of acts performed by public officials in the discharge of their statutory duties.

Nature of the Presumption
The presumption created under Section 78 is mandatory but rebuttable in nature. While the Court is bound to presume the genuineness of such certified documents once the statutory conditions are fulfilled, this presumption is not conclusive.
Accordingly:

• The opposing party is entitled to challenge the accuracy or correctness of the certified copy;
• Evidence may be led to show that the document does not correctly represent the original or has been improperly certified.

Thus, the presumption only shifts the initial burden and does not foreclose inquiry into the authenticity of the document.

Presumption as to Official Character of the Certifying Officer[Section 78(2)]
Section 78(2) further strengthens the evidentiary value of certified documents by providing that the Court shall also presume that:

• The officer by whom the document purports to be signed or certified held the official position which he claims to hold at the time of signing or certification.

This presumption removes the necessity of separately proving the authority or designation of the certifying officer, thereby simplifying the process of proof.

Scope and Limitations

• The provision applies only to certificates, certified copies, or documents certified by a competent and duly authorised public officer.
• It does not apply to original documents, which must be proved in accordance with the general rules relating to primary evidence.
• The section operates purely as a rule of evidence, facilitating proof, and does not determine the substantive rights of the parties.

Conclusion
Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 plays a crucial role in ensuring procedural efficiency by according presumptive authenticity to certified public documents. By recognising the regularity of official acts while still allowing rebuttal, the provision strikes a careful balance between judicial convenience and fairness to the parties.