Section 84 Evidence Act: Presumption as to Collections of Laws and Reports of Decisions
Section 84 of the Indian Evidence Act, 1872 provided for a presumption about the genuineness of officially published collections of laws and books containing judicial decisions. The corresponding current provision is Section 83 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Section 83 of the Bharatiya Sakshya Adhiniyam, 2023
Heading: Presumption as to collections of laws and reports of decisions.
The Court shall presume the genuineness of, every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.
Read the enacted provision in the official Bharatiya Sakshya Adhiniyam, 2023 PDF on India Code.
Former Section 84 of the Indian Evidence Act, 1872
Heading: Presumption as to collections of laws and reports of decisions.
The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country.
The former provision and Section 83 of the BSA express substantially the same rule. The earlier wording is retained here for reference, including proceedings to which the former Act continues to apply under the statutory savings.
Meaning and scope of the legal presumption
Shall presume: Under the statutory meaning of this expression, the court treats a fact as proved unless and until it is disproved. The presumption is therefore rebuttable, not conclusive.
Collections of laws: Books that purport to have been printed or published under the authority of the government of a country and to contain that country's laws fall within the provision.
Reports of decisions: Books purporting to contain reports of decisions of courts of a country are also covered. The presumption concerns the genuineness of the publication; it does not automatically establish the truth of every factual statement appearing in a reported case.
How the provision works in court
- A party relies on a book containing laws or reports of judicial decisions.
- The court considers whether the book falls within either category specified by Section 83.
- Where the statutory conditions are met, the court must presume its genuineness, subject to contrary proof.
- Questions such as whether a reported decision remains binding, has been overruled, or applies to the dispute must still be assessed separately.
Practical examples
Government-published law collection: An officially published volume containing a country's legislation may attract the presumption regarding genuineness.
Law report: A recognised volume purporting to report decisions of a country's courts may attract the presumption. A party disputing authenticity can seek to rebut it with reliable evidence.
Unofficial online extract: The section refers to books; it should not be assumed that every website screenshot or informal electronic extract automatically satisfies this particular provision. Electronic records are governed by additional evidentiary rules.
Related provisions and official resources
See India Code - Bharatiya Sakshya Adhiniyam, 2023 and the National Crime Records Bureau's BSA section index. Nearby provisions address government maps and plans (former Section 83) and powers of attorney (former Section 85).
Frequently asked questions
What is the current equivalent of Section 84 of the Indian Evidence Act?
Section 83 of the Bharatiya Sakshya Adhiniyam, 2023.
Does the court conclusively accept the contents of every law book?
No. The presumption is about genuineness and is rebuttable. The meaning, applicability and legal status of the law or judgment must still be considered.
When did the new evidence law come into force?
The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024, subject to its statutory savings provisions.
This article provides general legal information. Check the official statute and relevant court decisions for the applicable law in a particular proceeding.