Bharatiya Sakshya Adhiniyam, 2023
Section 77
Proof of other official documents
The following public documents may be proved as follows: —
(a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration—
(i) by the records of the Departments, certified by the head of those Departments respectively; or
(ii) by any document purporting to be printed by order of any such Government;
(b) the proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;
(c) proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;
(d) 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 any Central Act;
(e) the proceedings of a municipal or local body in 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;
(f) 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 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. Presumptions as to documents
Why this exists
Courts cannot always summon every government officer or foreign official to personally prove that a document is genuine. This provision, carried forward from Section 78 of the Indian Evidence Act, 1872, creates practical shortcuts — certified copies, gazette extracts, official journals, and notarized foreign certifications — so that public and government records can be readily used as evidence without unnecessary delay or expense, while still guarding against forgery.
How courts read it
Under the predecessor provision (Section 78 of the Evidence Act, 1872), courts have consistently held that strict compliance with the prescribed mode of proof (such as proper certification by the department head, or gazette publication) is necessary before a document is presumed genuine; mere production of an uncertified copy or an unauthenticated photocopy has been held insufficient in several High Court rulings. Courts have also clarified that this section only addresses proof of authenticity/execution, not the truth of the document's contents, which may still need to be established separately.
Common misconceptions
- Myth: Any photocopy of a government order is automatically valid proof in court.
Fact: The copy must be properly certified by the department head or otherwise satisfy the specific method listed in this section — an uncertified photocopy alone is generally not sufficient. - Myth: This section proves that what the document says is true.
Fact: It only proves the document's authenticity or genuineness of execution; the truth of its contents may still need separate proof.