Bharatiya Sakshya Adhiniyam, 2023
Section 78
Presumption as to genuineness of certified copies
(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: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
(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.
Why this exists
Government offices produce huge numbers of certificates and certified copies (like land records, birth certificates, or court orders) that are used as evidence every day. Requiring proof of genuineness for every single one would clog courts and delay justice. This provision, carried forward from Section 79 of the old Indian Evidence Act, 1872, allows courts to trust properly certified official documents at face value, while still allowing a party to challenge them if there's real doubt.
How courts read it
Under the predecessor provision (Section 79 of the Evidence Act, 1872), courts have held that the presumption of genuineness applies only when the document substantially follows the form and manner prescribed by law — it is not an absolute or irrebuttable presumption, and can be challenged with evidence showing forgery or lack of proper authority.
Common misconceptions
- Myth: Once a document is certified by a government officer, it can never be questioned in court.
Fact: The presumption of genuineness can be challenged and rebutted with evidence; it is a starting assumption, not a final, unchallengeable fact. - Myth: Any government-related paper automatically qualifies for this presumption.
Fact: The document must be one the law specifically allows as evidence, and it must be substantially in the correct legal form and manner — not just any government paperwork.