Indian Evidence Law | Updated 20 October 2026
Section 78 Evidence Act: Proof of Other Official Documents
Learn how government notifications, legislative proceedings, municipal records and foreign official documents are proved in Indian courts under Section 77 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 78 of the Indian Evidence Act, 1872.
What does proof of other official documents mean?
Official documents include records of government action, legislative proceedings, official gazettes, municipal proceedings and certain foreign public records. The law specifies how a party may establish their contents by producing an authorised publication, certified departmental record or other prescribed proof. It does not mean that every online screenshot or uncertified photocopy is automatically admissible.
Section 77 of the Bharatiya Sakshya Adhiniyam, 2023
The provision identifies six categories of public documents and the permitted methods for proving each category:
1. Government Acts, orders and notifications
Records certified by the relevant department head, or a document purporting to be printed by order of the government. This includes Central, State and Union territory administrations.
2. Proceedings of Parliament or State Legislatures
Official journals, published Acts or abstracts, or copies purporting to be printed by order of the government concerned.
3. Presidential, gubernatorial and Union territory proclamations
Copies or extracts contained in the Official Gazette for proclamations, orders or regulations issued by the President, Governor, Administrator or Lieutenant Governor.
4. Foreign executive acts and legislative proceedings
Authorised or commonly accepted official journals, copies certified under the seal of the country or sovereign, or recognition in a Central Act.
5. Municipal and local body proceedings
Copies certified by the lawful keeper of the record, or a printed publication purporting to be issued by the authority of the body.
6. Other foreign public documents
The original, or a custodian-certified copy accompanied by the prescribed notarial, Indian consular or diplomatic certification and proof of the document's character under foreign law.
Historical provision: Section 78 of the Indian Evidence Act, 1872
Section 78 of the Indian Evidence Act, 1872, was titled Proof of other official documents. It dealt with six categories: (1) Central and State Government acts, orders and notifications; (2) legislative proceedings; (3) proclamations, orders and regulations issued by the Crown or Privy Council; (4) foreign executive and legislative acts; (5) municipal proceedings; and (6) other foreign public documents. The original webpage also recorded historical amendment notes concerning the Adaptation Orders of 1937 and 1950. These references are retained here for legislative history rather than presented as current constitutional offices.
The modern BSA provision updates terminology to refer to the President, Governors and Union territory authorities, while retaining specific evidentiary routes for Indian and foreign public documents.
Related legal provisions
Section 74 BSA: defines public and private documents. Section 75: governs certified copies of public documents. Section 76: allows certified copies to prove the contents of the public documents they reproduce. Section 78: deals with presumptions concerning the genuineness of certified copies. These provisions should be read together where the authenticity or admissibility of an official record is disputed.
Practical examples
Government notification: A party relying on a statutory notification can produce the relevant official government publication or the appropriately certified departmental record.
Municipal resolution: A certified extract issued by the lawful record keeper can establish the contents of the proceedings, subject to any applicable challenge.
Foreign public record: A foreign document may require custodian certification and further notarial, consular or diplomatic certification in the manner described in Section 77(f). Additional procedural requirements may also apply.
Frequently asked questions
Which section replaced Section 78 of the Indian Evidence Act?
Section 77 of the Bharatiya Sakshya Adhiniyam, 2023, is the corresponding provision for proof of other official documents.
Can an Official Gazette prove a government notification?
Where the statutory requirements are satisfied, an authorised government publication can be used as evidence of the relevant government act, order or notification. Its legal effect and applicability remain separate questions.
Are all foreign documents automatically accepted?
No. Section 77 specifies particular proof requirements for foreign executive acts, legislative proceedings and other foreign public documents. The category and form of certification matter.
Official legal references
Bharatiya Sakshya Adhiniyam, 2023 - official India Code PDF | India Code statutory database | Gazette of India
Legal information is provided for general reference. Check the applicable statute, rules and procedural requirements for the particular proceeding.