Section 81 of the Indian Evidence Act, 1872: Presumption as to Gazettes, Newspapers and Other Documents
The rule formerly contained in Section 81 of the Indian Evidence Act, 1872 now broadly appears in Section 80 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). It concerns the legal presumption of genuineness of specified publications and documents.
Section 80 of the Bharatiya Sakshya Adhiniyam, 2023
Heading: Presumption as to Gazettes, newspapers, and other documents.
The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.
Explanation: For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.
Source: Official Bharatiya Sakshya Adhiniyam, 2023 (India Code, PDF).
Meaning and scope of the presumption
The words "shall presume" create a rebuttable presumption: the Court treats the specified document as genuine unless its genuineness is disproved. The presumption relates to the document's authenticity, not automatically to the truth of every factual assertion printed in it.
Documents covered
- Official Gazettes: Documents purporting to be an Official Gazette.
- Newspapers and journals: Publications presented as newspapers or journals.
- Legally maintained documents: Documents required by law to be kept, provided they substantially follow the prescribed form and are produced from proper custody.
What is proper custody?
Proper custody ordinarily means keeping the document at the required place and under the care of the person responsible for it. A different custody arrangement is not necessarily improper if the document has a legitimate origin, or the circumstances make such an origin probable.
Former Section 81 of the Indian Evidence Act, 1872
The earlier Section 81 was titled "Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents". It required courts to presume the genuineness of specified official gazettes, newspapers, journals, certain private Acts of the United Kingdom printed by the Queen's Printer, and documents required by law to be kept, subject to the stated requirements of form and custody.
The historical wording expressly referred to the London Gazette, colonial government gazettes and certain United Kingdom private Acts. Those colonial-era references are not repeated in the corresponding Section 80 of the BSA.
The original provision contained historical amendment notes: the Adaptation of Indian Laws Order, 1937 substituted language concerning Official and Government Gazettes; the Adaptation of Laws Order, 1950 inserted the reference to the United Kingdom. These are historical references, not additional conditions under the present Section 80.
Old and new provisions
| Issue | Indian Evidence Act, 1872 | Bharatiya Sakshya Adhiniyam, 2023 |
|---|---|---|
| Presumption for Gazettes and newspapers | Section 81 | Section 80 |
| Electronic or digital Gazette presumption | Section 81A (electronic forms) | Section 81 (electronic or digital records) |
| Historical UK/colonial references | Expressly mentioned | Omitted from Section 80 |
| Proper custody | Required for documents legally directed to be kept | Express explanation in Section 80 |
Electronic Gazettes: Section 81 BSA
Section 81 of the BSA deals separately with presumptions about Official Gazettes in electronic or digital form and other legally maintained electronic or digital records. It requires substantial compliance with the legally required form and production from proper custody, with an explanation of proper custody for electronic records.
For electronic evidence, additional requirements concerning admissibility and proof may apply. See the official statutory text, including Section 63 where applicable.
Practical illustrations
Official notification: A party relying on an Official Gazette may invoke the statutory presumption that the Gazette is genuine. The legal effect of a particular notification remains a separate question.
Newspaper report: A newspaper may be presumed genuine as a publication, but that does not establish that every reported event occurred as stated. The underlying fact may require independent evidence.
Statutory register: A document required by law to be maintained may benefit from the presumption if it is substantially in the prescribed form and comes from proper custody.
Frequently asked questions
Is Section 81 of the Indian Evidence Act still in force?
No. The Indian Evidence Act, 1872 was repealed with effect from 1 July 2024, subject to statutory savings. Its Section 81 broadly corresponds to Section 80 of the BSA, 2023.
Does a newspaper article prove the truth of its contents?
No. The presumption of genuineness of the newspaper is distinct from proof that a particular statement in the newspaper is true.
Which provision covers electronic Official Gazettes?
Section 81 of the Bharatiya Sakshya Adhiniyam, 2023.
Official legal references
- Bharatiya Sakshya Adhiniyam, 2023 - official Act (India Code)
- Ministry of Home Affairs - New Criminal Laws
- Bureau of Police Research and Development - New Criminal Laws resources
This article is general legal information. Check the current statute, applicable savings and relevant judicial decisions before relying on a provision in a particular proceeding.