Section 78 of BSA : Section 78: Presumption as to genuineness of certified copies.

Explanation using Example

Example 1:

Scenario: Ramesh is involved in a property dispute with his neighbor, Suresh. Ramesh presents a certified copy of the property deed, which he obtained from the local land registry office, as evidence in court.

Application of Section 78:

• The court will presume that the certified copy of the property deed presented by Ramesh is genuine.
• The court will also presume that the officer who certified the copy held the official position he claimed at the time of certification.
• This means Ramesh does not need to provide additional proof of the authenticity of the certified copy or the authority of the certifying officer.

Example 2:

Scenario: Priya is contesting a will in court. She presents a certified copy of the death certificate of her late father, which she obtained from the municipal corporation.

Application of Section 78:

• The court will presume that the certified copy of the death certificate is genuine.
• The court will also presume that the municipal officer who certified the death certificate held the official position he claimed at the time of certification.
• Priya does not need to provide further evidence to prove the authenticity of the death certificate or the authority of the certifying officer.

Example 3:

Scenario: Anil is accused of tax evasion. He presents a certified copy of his income tax returns, which he obtained from the Income Tax Department, as evidence of his compliance with tax laws.

Application of Section 78:

• The court will presume that the certified copy of the income tax returns is genuine.
• The court will also presume that the officer from the Income Tax Department who certified the document held the official position he claimed at the time of certification.
• Anil does not need to provide additional proof of the authenticity of the certified copy or the authority of the certifying officer.

Example 4:

Scenario: Meera is applying for a government job and needs to prove her educational qualifications. She presents a certified copy of her university degree, which she obtained from the university's registrar office.

Application of Section 78:

• The court (or the government authority reviewing her application) will presume that the certified copy of the university degree is genuine.
• The court will also presume that the university registrar who certified the document held the official position he claimed at the time of certification.
• Meera does not need to provide further evidence to prove the authenticity of the certified copy or the authority of the certifying officer.