Section 79 Evidence Act - Presumption as to Genuineness of Certified Copies
Section 79 of the Indian Evidence Act, 1872 created a mandatory, rebuttable presumption concerning certain officially certified documents. Its corresponding provision under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 78, in force from 1 July 2024.
Section 78 of Bharatiya Sakshya Adhiniyam, 2023
Presumption as to genuineness of certified copies
Sub-section (1). The Court shall presume 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 of the Central Government or of a State Government:
Proviso. Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
Sub-section (2). 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.
Official statutory source: Bharatiya Sakshya Adhiniyam, 2023 (India Code PDF).
Meaning and legal effect of the presumption
The expression shall presume requires the court to accept the specified fact as proved unless and until it is disproved. This is a rebuttable presumption, not conclusive proof. A party challenging a certified copy may produce evidence of forgery, improper certification, or other circumstances undermining its authenticity.
The presumption concerns the genuineness of a document that satisfies the legal conditions and the official capacity of its certifying officer. It does not automatically establish that every factual assertion contained in the document is true, or decide all questions of relevance, admissibility, title or liability.
Conditions for applying Section 78
- The document must purport to be a certificate, certified copy or other document that a law declares admissible as evidence of a particular fact.
- It must purport to be duly certified by an officer of the Central Government or a State Government.
- It must substantially follow the legally prescribed form and manner of execution.
- The presumption remains open to rebuttal by contrary evidence.
Practical examples
Certified government record: Where a legally admissible record is supplied in the prescribed certified form by an authorised government officer, the court ordinarily applies the statutory presumption of genuineness, subject to rebuttal.
Disputed certification: If evidence shows that a purported certifying officer did not sign the copy or that the certificate was fabricated, the opposing party may rebut the presumption.
Ordinary photocopy: A photocopy lacking the legally required certification does not qualify for this presumption merely because it reproduces the appearance of a government record.
Related provisions on public documents
Section 74 BSA: distinguishes public and private documents. Section 75 BSA: regulates certified copies of public documents. Section 76 BSA: permits proof of the contents of public documents through certified copies. Section 77 BSA: prescribes methods of proving specified official documents. Section 78 then addresses the presumption of genuineness of qualifying certified documents.
Former Section 79 of the Indian Evidence Act, 1872
Under the former law, the court was required to presume the genuineness of certificates, certified copies and other documents declared admissible by law and purporting to be duly certified by the specified authorised public officers, provided the document substantially complied with the prescribed form and execution requirements.
The former section also required the court to presume that the person signing or certifying the document held the official character claimed in it at the time. The historical text included references to officers in the State of Jammu and Kashmir authorised by the Central Government; that wording is not reproduced in Section 78 BSA.
The earlier text was affected by the Adaptation Orders of 1937, 1948 and 1950 and by Act 3 of 1951, section 3 and its Schedule. Those legislative notes remain relevant to understanding the older wording.
Frequently asked questions
What is the current equivalent of Section 79 of the Evidence Act?
Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 is the corresponding provision on presumption as to genuineness of certified copies.
Is a certified copy automatically conclusive proof?
No. The presumption is rebuttable, and the contents or legal effect of the document may still be contested on appropriate grounds.
Can an uncertified photocopy receive this presumption?
Not merely by being a photocopy. The conditions specified in Section 78 must be satisfied.
Does the old Evidence Act still matter?
Yes. Section 170 BSA includes a saving provision for specified pending proceedings and applications existing immediately before commencement. The applicable transitional position should be checked in the particular case.
Official legal reference
For the complete current enactment, consult the official India Code text of the Bharatiya Sakshya Adhiniyam, 2023. This article is general legal information and should be read alongside the applicable procedural law and any relevant judicial decisions.