Answer By law4u team
Bhartiya Sakshya Adhiniyam, 2023 - Section 77: Proof of other official documents.
The following public documents may be proved as follows:
- (a) Acts, orders or notifications of the Central Government in any of its Ministries and Departments or of any State Government or any Department of any State Government or Union territory Administration—
- (i) by the records of the Departments, certified by the head of those Departments respectively; or
- (ii) by any document purporting to be printed by order of any such Government;
- (b) The proceedings of Parliament or a State Legislature, by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed by order of the Government concerned;
- (c) Proclamations, orders or Regulations issued by the President of India or the Governor of a State or the Administrator or Lieutenant Governor of a Union territory, by copies or extracts contained in the Official Gazette;
- (d) The Acts of the Executive or the proceedings of the Legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in any Central Act;
- (e) The proceedings of a municipal or local body in a State, by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
- (f) Public documents of any other class in a foreign country, by the original or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country.
Brefe Detail
Section 77 outlines the methods for proving various types of public documents, including acts, orders, notifications, and proceedings from both Indian and foreign authorities. It specifies the acceptable forms of proof, such as certified records, published journals, and official gazettes, ensuring that legal procedures are followed for document verification.
Question & Answers
Q1: What types of documents does Section 77 cover?
A1: It covers acts, orders, notifications of the Central and State Governments, proceedings of legislatures, proclamations, and other official documents.
Q2: How can acts of the Central Government be proved?
A2: They can be proved by records certified by the head of the respective departments or by documents printed by order of the government.
Q3: What is required to prove proceedings of Parliament?
A3: They can be proved by journals, published Acts, abstracts, or copies printed by government order.
Q4: How are public documents from foreign countries verified?
A4: They can be proved by originals or certified copies, along with a certificate from a Notary Public or Indian Consul.
Q5: What certification is needed for municipal body proceedings?
A5: They need to be certified by the legal keeper of the proceedings or by a printed book published by the authority.
Example
1. Proving Central Government Acts: A document from the Ministry of Home Affairs can be proved by a certified record from the Ministry.
2. State Legislature Proceedings: Proceedings of the Maharashtra Legislative Assembly can be verified using published journals or government-printed copies.
3. Foreign Legislative Acts: A law passed by the U.S. Congress can be proved through published journals recognized in the U.S.
Summary
Section 77 of the Bhartiya Sakshya Adhiniyam, 2023 provides a framework for the proof of various public documents from both Indian and foreign authorities. It establishes clear guidelines for what constitutes acceptable proof, ensuring that official documents can be reliably verified in legal proceedings.
