Section 79 in Indian Evidence Act 1872
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).
Title: Presumption as to document admissible in England without proof of seal or signature
When any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular in any Court of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and that the person signing it held, at the time when he signed it, the judicial or official character which he claims,
and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland.