Section 88 of BSA : Section 88: Presumption as to certified copies of foreign judicial records.

Explanation using Example

Example 1:

Scenario: Ramesh is involved in a property dispute in India. He needs to present a certified copy of a court judgment from the United States to support his case.

Application of Section 88: Ramesh obtains a certified copy of the U.S. court judgment. The document is certified by a U.S. notary public, which is a common practice in the United States for certifying judicial records. Additionally, the Indian Consulate in the United States verifies that this is the standard certification method in the U.S.

Outcome: The Indian court presumes the certified copy of the U.S. court judgment to be genuine and accurate, as it meets the certification requirements outlined in Section 88 of The Bharatiya Sakshya Adhiniyam 2023. This allows Ramesh to use the document as evidence in his property dispute case.

Example 2:

Scenario: Priya is contesting a divorce case in India and needs to submit a certified copy of her marriage annulment from Canada.

Application of Section 88: Priya obtains a certified copy of the annulment decree from a Canadian court. The document is certified by a Canadian court clerk, which is the standard practice in Canada for certifying judicial records. The Indian High Commission in Canada confirms that this is the usual method of certification in Canada.

Outcome: The Indian court presumes the certified copy of the Canadian annulment decree to be genuine and accurate, as it adheres to the certification standards specified in Section 88 of The Bharatiya Sakshya Adhiniyam 2023. This allows Priya to use the document as evidence in her divorce case in India.