IEA Section 78: Proof of other official documents
Indian Evidence Act, 1872 · Chapter 5: Documentary Evidence
Repealed on 1 July 2024 and replaced by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
The following public documents may be proved as follows:-
(1) Acts, orders or notifications of the Central Government in any of its departments, or of the Crown Representative or of any State Government or any department of any State Government,--
by the records of the departments, certified by the head of those departments respectively,
or by any document purporting to be printed by order of any such Government or as the case may be, of the Crown Representative;
(2) The proceedings of the Legislatures,--
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;
(3) Proclamations, orders or regulations issued by Her Majesty or by the Privy Council, or by any department of Her Majesty's Government,-
by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen's printer;
(4) 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 some Central Act;
(5) The proceedings of a municipal 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;
(6) 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 Consulate 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 61. Proof of contents of documents
- 62. Primary evidence
- 63. Secondary evidence
- 64. Proof of documents by primary evidence
- 65. Cases in which secondary evidence relating to documents may be given
- 65A. Special provisions as to evidence relating to electronic record
- 65B. Admissibility of electronic records
- 66. Rules as to notice to produce
- 67. Proof of signature and handwriting of person alleged to have signed or written document produced
- 67A. Proof as to digital signature
- 68. Proof of execution of document required by law to be attested
- 69. Proof where no attesting witness found
- 70. Admission of execution by party to attested document
- 71. Proof when attesting witness denies the execution
- 72. Proof of document not required by law to be attested
- 73. Comparison of signature, writing or seal with others admitted or proved
- 73A. Proof as to verification of digital signature
- 74. Public documents
- 75. Private documents
- 76. Certified copies of public documents
- 77. Proof of documents by production of certified copies
- 79. Presumption as to genuineness of certified copies
- 80. Presumption as to documents produced as record of evidence
- 81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
- 81A. Presumption as to Gazettes in electronic forms
- 82. Presumption as to document admissible in England without proof of seal or signature
- 83. Presumption as to maps or plans made by authority of Government
- 84. Presumption as to collections of laws and reports of decisions
- 85. Presumption as to power-of-attorney
- 85A. Presumption as to electronic agreements the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records
- 85B. Presumption as to electronic records and digital signatures
- 85C. Presumption as to [Electronic Signature Certificates]
- 86. Presumption as to certified copies of foreign judicial records
- 87. Presumption as to books, maps and charts
- 88. Presumption as to telegraphic messages
- 88A. Presumption as to electronic messages
- 89. Presumption as to due execution, etc. of documents not produced
- 90. Presumption as to documents thirty years old
- 90A. Presumption as to electronic records five years old