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KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Presumption as to Certified Copies of Foreign Judicial Records [Section 88 BSA / Section 86 IEA]
Introduction
Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 86 of the Indian Evidence Act, 1872. This provision deals with the presumption regarding certified copies of foreign judicial records. It enables Indian courts to presume the genuineness and authenticity of certified copies of judicial records received from foreign countries when duly certified according to law.
The provision facilitates international judicial cooperation and simplifies proof of foreign judicial records in Indian courts.
Meaning of the Provision
Section 88 BSA allows the Court to presume that a certified copy of a foreign judicial record is genuine if:
Geographic ScopeUnder Section 88 BSA
The provision applies to judicial records of:
Under Section 86 IEA
The provision applied to:
Important Change under the BSA
The BSA removes colonial terminology and adopts broader, modern language by simply referring to:
Definition of RepresentativeUnder Section 88 BSA
The section specifically provides that:
Under Section 86 IEA
The IEA also recognized Political Agents as representatives of the Central Government.
However:
Cross-References and ExplanationsUnder BSA
Section 88 itself contains explanations regarding:
Under IEA
Section 86 relied on:
Purpose of the Provision
The section aims to:
Illustration
If a certified copy of a judgment from a foreign court is produced before an Indian court and appears properly certified by an authorized foreign judicial officer, the Indian court may presume its genuineness under Section 88 BSA.
Important Points
Difference between Section 88 BSA and Section 86 IEA
Section 88 BSA
Conclusion
Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 modernizes the law relating to certified copies of foreign judicial records by simplifying language, removing colonial terminology, and clarifying procedural requirements. The provision promotes efficiency, international judicial cooperation, and easier admissibility of foreign judicial records in Indian courts while retaining the core evidentiary principles contained in Section 86 of the Indian Evidence Act, 1872.
Introduction
Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 corresponds to Section 86 of the Indian Evidence Act, 1872. This provision deals with the presumption regarding certified copies of foreign judicial records. It enables Indian courts to presume the genuineness and authenticity of certified copies of judicial records received from foreign countries when duly certified according to law.
The provision facilitates international judicial cooperation and simplifies proof of foreign judicial records in Indian courts.
Meaning of the Provision
Section 88 BSA allows the Court to presume that a certified copy of a foreign judicial record is genuine if:
- It is duly certified,
- It purports to be certified by a lawful custodian or authorized officer,
- It is properly authenticated.
Geographic ScopeUnder Section 88 BSA
The provision applies to judicial records of:
- Any country outside India.
Under Section 86 IEA
The provision applied to:
- Countries not forming part of India or Her Majesty’s Dominions.
Important Change under the BSA
The BSA removes colonial terminology and adopts broader, modern language by simply referring to:
- “Any country beyond India.”
- Sovereign equality,
- Modern international relations,
- Simplification of legal language.
Definition of RepresentativeUnder Section 88 BSA
The section specifically provides that:
- A Political Agent designated for a territory or place outside India shall be deemed to be a representative of the Central Government for purposes of certification.
Under Section 86 IEA
The IEA also recognized Political Agents as representatives of the Central Government.
However:
- The provision relied more heavily on colonial administrative concepts,
- It lacked the modernized explanatory framework introduced under the BSA.
Cross-References and ExplanationsUnder BSA
Section 88 itself contains explanations regarding:
- Proper custody,
- Certification requirements.
Under IEA
Section 86 relied on:
- Cross-references to the General Clauses Act, 1897,
- External statutory interpretation.
Purpose of the Provision
The section aims to:
- Facilitate admissibility of foreign judicial records,
- Promote international judicial cooperation,
- Reduce technical difficulties in proving foreign documents,
- Simplify evidentiary procedure.
Illustration
If a certified copy of a judgment from a foreign court is produced before an Indian court and appears properly certified by an authorized foreign judicial officer, the Indian court may presume its genuineness under Section 88 BSA.
Important Points
- Section 88 BSA corresponds to Section 86 IEA.
- Deals with certified copies of foreign judicial records.
- BSA applies to any country outside India.
- Colonial expressions removed.
- Political Agent recognized as representative authority.
- Presumption simplifies proof of foreign judicial documents.
- BSA contains clearer explanations regarding proper custody.
Difference between Section 88 BSA and Section 86 IEA
Section 88 BSA
- Modern terminology used.
- Broader and simplified geographic scope.
- Self-contained explanations included.
- Removes colonial references.
- Used colonial expressions like “Her Majesty’s Dominions”.
- Relied on external statutory references.
- Narrower and older framework.
Conclusion
Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 modernizes the law relating to certified copies of foreign judicial records by simplifying language, removing colonial terminology, and clarifying procedural requirements. The provision promotes efficiency, international judicial cooperation, and easier admissibility of foreign judicial records in Indian courts while retaining the core evidentiary principles contained in Section 86 of the Indian Evidence Act, 1872.
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