Section 77 of BSA : Section 77: Proof of other official documents.
BSA
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Explanation using Example
Example 1:
Scenario: Ramesh is involved in a legal dispute regarding the ownership of a piece of land. He claims that the land was allocated to him by the State Government through an official order.
Application of Section 77: Ramesh can prove the official order by:
- Obtaining a certified copy of the order from the relevant Department, signed by the head of that Department.
- Presenting a document that appears to be printed by the order of the State Government.
Example 2:
Scenario: Priya is contesting a local municipal decision that affects her property rights. She needs to present evidence of the municipal proceedings where the decision was made.
Application of Section 77: Priya can prove the municipal proceedings by:
- Obtaining a certified copy of the proceedings from the legal keeper of the municipal records.
- Presenting a printed book that appears to be published by the authority of the municipal body.
Example 3:
Scenario: An Indian company is involved in a trade dispute with a foreign company. The Indian company needs to present evidence of a foreign legislative act that impacts the contract terms.
Application of Section 77: The Indian company can prove the foreign legislative act by:
- Presenting journals published by the authority of the foreign country.
- Providing a copy certified under the seal of the foreign country or sovereign.
- Showing recognition of the act in any Central Act of India.
Example 4:
Scenario: A journalist is writing an article on a new regulation issued by the President of India and needs to cite the official proclamation.
Application of Section 77: The journalist can prove the proclamation by:
- Providing copies or extracts of the regulation contained in the Official Gazette.
Example 5:
Scenario: An Indian student studying abroad needs to authenticate a public document from the foreign university for use in India.
Application of Section 77: The student can prove the public document by:
- Presenting the original document or a copy certified by the legal keeper of the document.
- Obtaining a certificate under the seal of a Notary Public, or an Indian Consul or diplomatic agent, confirming that the copy is duly certified by the officer having legal custody of the original.
- Providing proof of the character of the document according to the law of the foreign country.