Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 86BSA 88

Presumption as to certified copies of foreign judicial records

Canonical: https://www.vakilpedia.com/iea-86-to-bsa

What changed

  • "any country not forming part of India or of Her Majesty’s Dominions" is replaced by "beyond India".

Drafting-ready

Under Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 86 of the Indian Evidence Act, 1872)...

Bare act text — BSA 88

88. Presumption as to certified copies of foreign judicial records .—(1) The Court may presume that any document purporting to be a certified copy of any judicial record of any country beyond India is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records. (2) An officer who, with respect to any territory or place outside India is a Political Agent therefor, as defined in clause (43) of section 3 of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.

Frequently asked

What is IEA 86 equivalent in BSA?

IEA Section 86 (Presumption as to certified copies of foreign judicial records) corresponds to Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 86 and BSA 88?

"any country not forming part of India or of Her Majesty’s Dominions" is replaced by "beyond India".

How do I cite BSA 88 in a pleading?

Under Section 88 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 86 of the Indian Evidence Act, 1872)...

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