Indian evidence law | Updated 20 October 2026
Certified Copies of Public Documents: Section 76 Evidence Act and Section 75 BSA
A certified copy is an officially authenticated copy of a public document. Indian evidence law prescribes who must provide it, how it must be certified and how it may be used to prove the contents of a public document.
Section 75, Bharatiya Sakshya Adhiniyam, 2023
The provision requires a public officer who has custody of a public document that a person is entitled to inspect to furnish a certified copy on demand and payment of the lawful fee. The certification must identify the copy as a true copy of the whole document or relevant part, be dated and signed by the officer with name and official title, and bear a seal where the officer is legally authorised to use one.
An officer authorised in the ordinary course of official duties to deliver such copies is treated as having custody for this purpose.
Former Section 76 of the Indian Evidence Act, 1872
The original provision, retained here for historical reference, stated:
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation: Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.
Requirements for a certified copy
- Public document: The record must qualify as a public document under the applicable evidence law.
- Right of inspection: The requester must have a legal right to inspect the document; this section does not create an unrestricted right to inspect every government record.
- Proper officer: The copy must be issued by the officer with custody or the official authorised to issue copies.
- Legal fee: Any prescribed fee must be paid.
- Authentication: The certificate must identify the copy as true, include the date, officer's name and title, signature, and a seal where legally authorised.
Examples and practical applications
Certified copies commonly arise in relation to court records, official orders, government registers and public records of registered instruments. Access, fees, permissible formats and issue procedures are governed by the applicable court rules or other laws. A registered private instrument does not become a public document merely because it is registered; the public record of it may be a public document.
Proof in court and related provisions
Section 74 BSA classifies public and private documents. Section 76 BSA provides for proof of public documents through certified copies, subject to the statutory conditions. Section 78 BSA concerns the presumption regarding genuineness of certified copies. The court may still consider relevance, authenticity challenges and the legal effect of the document.
For historical cross-references, see Section 74, public documents, Section 75, private documents, Section 77, proof by certified copies and Section 79, presumption of genuineness.
Frequently asked questions
Is a photocopy automatically a certified copy?
No. An ordinary photocopy lacks the statutory authentication required of a certified copy.
Can anyone demand any government document?
No. The duty to supply a certified copy under this provision applies where the requester has a right to inspect the public document, subject to applicable law and prescribed fees.
Are certified copies always conclusive proof?
No. A certified copy may establish the contents of a public document in the manner permitted by law, but it does not necessarily establish the truth of every assertion recorded in it.
What about digitally issued certified copies?
Electronic copies may be governed by additional rules on electronic records, authentication and admissibility. Verify the issuing authority's requirements and the applicable evidence provisions.
Official legal sources
Consult the India Code portal for the Bharatiya Sakshya Adhiniyam, 2023 and the Indian Evidence Act, 1872, and the e-Gazette of India for commencement notifications and official publications.
Legal information is provided for general educational purposes. The applicable law and procedure depend on the facts and the date and nature of the proceeding.