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Indian evidence law | Updated 20 October 2026

Section 77 Evidence Act: Proof of Public Documents by Certified Copies

Section 77 of the Indian Evidence Act, 1872 permitted certified copies to prove the contents of public documents. Its corresponding provision is now Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), effective from 1 July 2024, subject to the statutory savings for pending proceedings.

Current provision: BSA Section 76 - Proof of documents by production of certified copies. The old Section 77 remains relevant when the repealed Evidence Act continues to apply under the savings provision.
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Section 77 of the Indian Evidence Act, 1872 - Original text

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 - Current text

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

The operative wording has been retained. The statutory numbering has changed from Section 77 of the 1872 Act to Section 76 of the BSA. Read the official Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).

Meaning: what does a certified copy prove?

A duly certified copy may be produced to establish what a public document, or an identified part of it, records. This permits a party to rely on an authenticated copy instead of routinely producing the original public register or file. The rule concerns proof of contents; it does not automatically establish that every factual assertion contained in the record is true, or resolve questions about relevance, fraud or competing evidence.

For example, a certified copy of a court order may prove the terms recorded in that order. Whether those terms establish a disputed legal right is a separate question for the court.

What qualifies as a certified copy?

Section 74 BSA identifies public documents, including official acts and records of specified public authorities and public records of private documents. Section 75 BSA provides for certified copies from the public officer having custody of an inspectable public document, upon demand and payment of applicable fees.

Under Section 75, the copy should carry a certificate that it is a true copy of the document or relevant part, dated and subscribed by the officer with name and official title, and sealed when the officer is legally authorised to use a seal. An officer authorised in the ordinary course of duty to issue such copies is treated as having custody for this purpose.

Section 78 BSA addresses presumptions about the genuineness of certain duly certified copies. Those presumptions apply according to their statutory conditions and do not make every photocopy or online printout automatically admissible.

Practical examples

  • Court records: A certified copy of a judgment or order can establish the contents of the court's recorded decision.
  • Public registers: A properly certified extract may prove what the relevant government register records, subject to the governing law.
  • Registered instruments: A certified copy issued from a public registration record may be relied upon to prove recorded contents, but questions of execution, ownership and legal effect may require additional proof.

Certified copies and electronic records

Where a record is issued or produced electronically, the rules on electronic and digital evidence, including Section 63 BSA where applicable, and any special law governing official electronic certificates should be considered. A mere screenshot or unauthenticated download should not be assumed to have the same status as an officially certified copy.

Application after 1 July 2024

The Bharatiya Sakshya Adhiniyam, 2023 replaced the Indian Evidence Act, 1872 from 1 July 2024. Its repeal and savings provision, Section 170, preserves the application of the former Act to specified proceedings pending immediately before commencement. The applicable regime should therefore be checked against the date and procedural status of the proceeding.

Frequently asked questions

Can a certified copy be used instead of an original public document?

Yes. Section 76 BSA permits certified copies to be produced to prove the contents of public documents or relevant parts, subject to the applicable evidentiary rules.

Does a photocopy automatically qualify as a certified copy?

No. An ordinary photocopy does not become a statutory certified copy merely because it reproduces a public document.

Is former Section 77 still relevant?

Yes. It remains relevant for historical interpretation and for proceedings governed by the repeal and savings provisions of the BSA.

This article provides general legal information. Admissibility and evidentiary weight depend on the document, the applicable statute and the facts of the proceeding.