Section 78 in Indian Evidence Act 1872
Title: Proof of other official documents
The following public documents may be proved as follows:
(1) Acts, orders or notifications of 1[the Central Government] in any of its departments, 2[or of the Crown Representative] or of any State Government or any department of any State Government, --
by the records of the departments, certified by the head of those departments respectively,
or by any document purporting to be printed by order of any such Government 3[ or, as the case may be, of the Crown Representative];
(2) the proceedings of the Legislatures, --
by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed 3[ by order of the Government concerned];
(3) proclamations, orders or regulations issued by 4[Her Majesty] or by the Privy Council, or by any department of 4[Her Majesty's] Government, --
by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's Printer;
(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country,
by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some5[Central Act]:
(5) the proceedings of a municipal body in 6[a State], --
by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(6) public documents of any other class in a foreign country, --
by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of 7[an Indian Consul] or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country
1. Subs. by the A.O. 1937, for "the Executive Government of British India".
2. Ins. ibid.,
3. Subs. ibid., for "by order of Government"..
4. The words "her Majesty" shall stand unmodified, vide the A.O. 1950.
5. Subs. by the A.O. 1937, for "public Act of the Governor General of India in Council".
6. Subs. by the A.O. 1950, for "a Province".
7. Subs by ibid., for "a British Consul".
Title: Presumption as to genuineness of certified copies
The Court shall presume 1[to be genuine] every document purporting to be a certificate, certified copy or other document, which is by Law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer 2[of the Central Government or of a State Government, or by any officer3[in the State of Jammu and Kashmir ]who is duly authorized thereto by the Central Government]:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officer by whom any such document purports to be signed or certified, held, when he signed it, the official character which he claims in such paper.
1. Ins. by the A.O. 1948.
2. The original words beginning form "in British India and ending with the words to be genuine" have been successively amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "in a Part B State".
Title: Presumption as to documents produced as record of evidence
Whenever any document is produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the Court shall presume --
that the document is genuine; that any statements as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that such evidence, statement or confession was duly taken.
Title: Presumption as to Gazettes newspapers private Acts of Parliament and other documents
The Court shall presume the genuineness of every document purporting to be the London Gazette or 1[any Official Gazette, or the Government Gazette] of any colony, dependency or possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament 2[of the United Kingdom] printed by the Queen's Printer and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
1. Subs by the A.O. 1937, for "the Gazette of India, or the Government Gazette of any L.G., or".
2. Ins. by the A.O. 1950.
Title: Presumption as to Gazettes in electronic forms
1[81A. Presumption as to Gazettes in electronic forms.-- The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.]
1. Ins. by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).