Bharatiya Sakshya Adhiniyam, 2023
Section 80
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.
Why this exists
This provision saves courts time by not requiring proof for documents that are inherently trustworthy — like government gazettes or newspapers — or official records that are routinely maintained under legal duty. The idea is that such documents, especially when found in the correct place with the correct custodian, are unlikely to be forged, so demanding formal proof each time would be an unnecessary burden. This mirrors the earlier Section 81 of the Indian Evidence Act, 1872, carried forward with updated language in the new Bharatiya Sakshya Adhiniyam, 2023.
How courts read it
Under the predecessor provision (Section 81 of the Evidence Act, 1872), courts have held that 'proper custody' does not mean perfect or unbroken custody — it means custody that is reasonable and explainable given the nature of the document and the circumstances. Courts have accepted certified copies of government registers, revenue records, and gazette notifications under this presumption, while cautioning that the presumption is rebuttable — a party can still challenge genuineness with evidence.
Common misconceptions
- Myth: This section means such documents can never be challenged in court.
Fact: The presumption is rebuttable — a party can still present evidence to show the document is fake or improperly kept. - Myth: Any newspaper clipping automatically proves the truth of what it reports.
Fact: This section only presumes the newspaper itself is genuine (i.e., it really is that publication) — it does not presume that the facts reported inside are true.