Section 75 BSA: Certified Copies of Public Documents

Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 explains how certified copies of public documents are obtained and the requirements for their certification.

Introduction

Documents play an important role in proving facts in judicial proceedings. However, producing an original public document may not always be necessary or practical. Government offices, courts and other public authorities maintain official records, and the law provides a mechanism for obtaining certified copies of documents that a person is legally entitled to inspect.

Section 75 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 governs the issue of certified copies of public documents. It requires the public officer having custody of a public document, which a person has a right to inspect, to provide a copy upon demand and payment of the prescribed legal fees. The copy must satisfy the statutory certification requirements.

This provision corresponds to Section 76 of the Indian Evidence Act, 1872. The wording and essential requirements have been substantially retained under the new law.

Bare Act: Section 75 of the Bharatiya Sakshya Adhiniyam, 2023

75. Certified copies of public documents.—

Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies.

Explanation.— Any officer who, by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.

Meaning of Section 75 BSA

Section 75 establishes the legal procedure for obtaining a certified copy of a public document. It places an obligation on the relevant public officer to supply the copy when the statutory conditions are satisfied.

A certified copy is not merely a photocopy or an ordinary reproduction of a document. It is a copy authenticated by the competent officer in the manner prescribed by law.

For example, a person who is legally entitled to inspect an official court record may apply to the appropriate authority for a certified copy. The authority must follow the applicable rules and procedures, including payment of the prescribed fees and the required certification.

However, Section 75 does not give every person an unrestricted right to inspect every public document. The right to inspect the particular document must exist under the applicable law.

Essential Elements of Section 75 BSA

1. The document must be a public document

Section 75 applies to public documents. Section 74 BSA defines the relevant categories, including documents forming acts or records of acts of sovereign authorities, official bodies, tribunals and public officers, as well as public records of private documents maintained in a State or Union territory.

The nature of the particular document must be examined to determine whether it falls within these categories.

2. The applicant must have a right to inspect the document

The section applies where a person has a legal right to inspect the public document.

It does not independently create an unrestricted right to access all official records. Access may be governed by other laws, procedural rules, confidentiality requirements or applicable restrictions.

3. The public officer must have custody of the document

The obligation applies to the public officer having custody of the relevant public document.

The Explanation expands the provision by treating an officer who is authorised, in the ordinary course of official duty, to deliver copies as having custody for the purposes of the section. Consequently, the officer who supplies the copy need not necessarily be the person who physically maintains the original record.

4. A copy must be supplied on demand

When the statutory requirements are satisfied, the public officer must provide a copy upon demand.

The request must comply with the applicable administrative or procedural requirements. For example, court-certified copies and certified copies of registered instruments may be obtained through the procedures prescribed for the relevant records.

Also Read: Section 78 BSA: Presumption as to Genuineness of Certified Copies

5. Prescribed legal fees must be paid

The applicant must pay the legal fees applicable to obtaining the copy.

The amount and method of payment depend on the rules governing the particular office or record.

6. The certificate must confirm that the copy is true

The officer must certify at the foot of the copy that it is a true copy of the original document or of the relevant part of it.

This certification authenticates the copy as a reproduction of the specified record.

7. The certificate must contain the officer’s particulars

The certificate must:

• Be dated.
• Be subscribed by the officer, meaning it must be signed or authenticated by that officer.
• State the officer’s name.
• State the officer’s official title.
• Bear the official seal whenever the officer is authorised by law to use a seal.

These requirements distinguish a statutory certified copy from an ordinary photocopy.

Examples of Certified Copies of Public Documents

Example	Application of Section 75
Certified copy of a court judgment	The appropriate court authority may issue it under the applicable rules.
Certified copy of an official government order	The competent public authority may provide it where the applicant has a right to inspect the record.
Certified copy of a registered document’s official registration record	The competent registration authority may issue it in accordance with the applicable registration law.
Certified extract from an official public register	The authorised officer may supply the extract if the statutory requirements are satisfied.
Ordinary photocopy of a government order	It does not become a certified copy merely because it reproduces an official document.

The examples are subject to the applicable access rules and the authority’s legal power to issue the relevant copy.

Difference Between a Certified Copy and an Ordinary Photocopy

Basis	Certified copy	Ordinary photocopy
Authentication	Certified by the competent officer in the prescribed manner	Ordinarily has no official certification
Officer’s particulars	Contains the required certification and officer’s particulars	Usually does not contain statutory certification
Official seal	Included where the officer is authorised by law to use one	No statutory seal requirement is ordinarily satisfied
Evidentiary treatment	May receive the treatment provided by the applicable evidence law	Does not automatically receive the same treatment
Legal significance	Can be used in accordance with the relevant provisions governing proof and admissibility	May require a separate legal basis and appropriate proof

A certified copy is not automatically conclusive evidence of every fact mentioned in the document. Its evidentiary effect depends on the applicable provisions and the issue before the court.

Difference Between Section 75 and Section 76 BSA

Section 75 and Section 76 perform different functions.

Basis	Section 75 BSA	Section 76 BSA
Subject	Certified copies of public documents	Proof of documents by production of certified copies
Main purpose	Prescribes how a certified copy is to be supplied and authenticated	Addresses the use of certified copies to prove the contents of public documents
Practical question	How can a person obtain a certified copy?	How can the contents of the relevant public document be proved using that copy?
Corresponding provision under the old Act	Section 76, Indian Evidence Act, 1872	Section 77, Indian Evidence Act, 1872

Section 75 concerns obtaining and certifying the copy. Section 76 addresses proof through the production of certified copies. These provisions should be read together when considering the evidentiary use of a certified public document.

Important Case Laws on Certified Copies of Public Documents

The following judgments were decided under the Indian Evidence Act, 1872. They remain relevant to understanding the corresponding principles, but they are not direct interpretations of Section 75 BSA.

1. Appaiya v. Andimuthu @ Thangapandi & Others (2023)

Citation: 2023 INSC 835

Court: Supreme Court of India

Decision date: 20 September 2023

Facts and legal issue: The dispute concerned title to immovable property and the use of a certified copy of an old registered sale deed. The issue included whether the certified copy could be relied upon to prove the contents of the registered instrument.

Decision and legal principle: The Supreme Court considered Sections 74, 76 and 77 of the Indian Evidence Act, 1872, along with the relevant provisions of the Registration Act, 1908. It recognised the evidentiary use of a certified copy of a registered sale deed in the circumstances of the case.

The judgment explains the distinction between the original private instrument and the official registration record maintained by the registering authority. A certified copy of the relevant public record may be used as secondary evidence where the applicable legal requirements are met.

Relevance to Section 75 BSA: The case illustrates why the proper issuance of a certified copy matters and how such copies may be used with the provisions governing proof of public documents. Its application depends on the nature of the record and the relevant statutory requirements.

2. Delhivery Ltd. v. Hanel Logistics LLP (2023)

Citation: (2023) 7 SCC 1

Also Read: Section 88 BSA: Presumption as to Certified Copies of Foreign Judicial Records

Court: Supreme Court of India

Legal principle: In discussing the Indian Evidence Act, 1872, the Supreme Court explained the relationship between public documents, certified copies and secondary evidence. It considered the significance of public records maintained in respect of private documents and the provisions governing the issuance and evidentiary use of certified copies.

Relevance to Section 75 BSA: The decision helps explain that a certified copy must be understood in the context of the underlying public record and the applicable statutory provisions. It also highlights the distinction between the issuance of a certified copy and the legal conditions for proving a document through that copy.

Are Certified Copies Automatically Admissible in Court?

No. A certified copy is not automatically admissible for every purpose merely because it has been certified by a public officer.

The relevant provisions must be considered together:

• Section 74 BSA: Determines which documents qualify as public documents.
• Section 75 BSA: Governs the supply and certification of copies of public documents.
• Section 76 BSA: Provides for proof of documents by production of certified copies.
• Section 78 BSA: Provides for a presumption as to the genuineness of certified copies in the circumstances specified by the provision.

The party relying on a certified copy must still satisfy the applicable requirements concerning admissibility, relevance and the purpose for which the document is tendered. The presumption concerning genuineness should not be confused with conclusive proof of every statement contained in the document.

Relationship Between Sections 74, 75, 76 and 78 BSA

These provisions form an important part of the rules governing public documents.

Section	Subject	Significance
Section 74	Public and private documents	Classifies documents under the statutory framework.
Section 75	Certified copies of public documents	Establishes the requirements for obtaining and authenticating certified copies.
Section 76	Proof of documents by production of certified copies	Addresses proof of the contents of public documents through certified copies.
Section 78	Presumption as to genuineness of certified copies	Provides the applicable presumption concerning genuineness.

For examination purposes, remember the sequence: classification of the document, issuance of the certified copy, proof through the copy and the applicable presumption.

Difference Between Section 75 BSA and Section 76 of the Indian Evidence Act, 1872

Section 75 BSA corresponds to Section 76 of the Indian Evidence Act, 1872.

The earlier provision required the public officer having custody of a public document that a person had a right to inspect to supply a copy on demand, upon payment of the legal fees, together with the prescribed certification. It also contained the Explanation regarding officers authorised in the ordinary course of official duty to deliver copies.

The BSA retains the essential substance of this provision. The principal change is the renumbering of the provision under the new evidence law, rather than a major alteration of its requirements.

Important Points for Law Students and Judiciary Aspirants

• Section 75 BSA deals with certified copies of public documents.
• It corresponds to Section 76 of the Indian Evidence Act, 1872.
• The applicant must have a right to inspect the relevant public document.
• The public officer must have custody of the document within the meaning of the section.
• The prescribed legal fees must be paid.
• The certificate must state that the copy is true and must be dated and subscribed by the officer with the officer’s name and official title.
• The seal must be included whenever the officer is authorised by law to use one.
• The Explanation covers officers authorised in the ordinary course of official duty to deliver copies.
• Section 75 governs certification; Section 76 addresses proof through certified copies.
• A certified copy is not automatically conclusive proof of every statement contained in the document.
• Appaiya v. Andimuthu @ Thangapandi is a useful Supreme Court decision concerning certified copies of registered sale deeds under the predecessor law.

Frequently Asked Questions (FAQs)

1. What is Section 75 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 75 prescribes how a person entitled to inspect a public document may obtain a certified copy from the relevant public officer upon payment of the applicable legal fees and satisfaction of the certification requirements.

2. Which section of the Indian Evidence Act corresponds to Section 75 BSA?

Section 75 BSA corresponds to Section 76 of the Indian Evidence Act, 1872.

3. What are the requirements of a certified copy under Section 75 BSA?

The copy must be certified at its foot as a true copy of the document or relevant part. The certificate must be dated and subscribed by the officer, state the officer’s name and official title, and bear a seal whenever the officer is authorised by law to use one.

4. Can anyone demand a certified copy of any public document?

No. Section 75 applies where the person has a right to inspect the document. Access may also be subject to other applicable laws and procedural restrictions.

5. Is an ordinary photocopy equivalent to a certified copy?

No. An ordinary photocopy does not become a certified copy merely because it reproduces a public document. The statutory requirements for certification must be satisfied.

6. Does Section 75 itself establish that a certified copy is admissible in evidence?

Section 75 primarily governs the supply and certification of copies. Section 76 BSA addresses proof of documents by production of certified copies, while other provisions may govern genuineness, admissibility and the evidentiary effect of the document.

7. What is the purpose of the Explanation to Section 75?

The Explanation clarifies that an officer authorised in the ordinary course of official duty to deliver copies is deemed to have custody of the documents for the purposes of the section.

8. Which case law is important for understanding certified copies of public documents?

Appaiya v. Andimuthu @ Thangapandi (2023 INSC 835) is relevant to the use of certified copies of registered sale deeds under the predecessor Evidence Act and the Registration Act, 1908.

Conclusion

Section 75 of the Bharatiya Sakshya Adhiniyam, 2023 provides the legal framework for obtaining certified copies of public documents. It requires the competent public officer to supply a copy where the applicant has a right to inspect the document and the prescribed conditions are satisfied. The certificate must comply with the statutory requirements concerning its wording, date, authentication, officer’s particulars and seal where authorised by law. For practical and examination purposes, Section 75 should be read with Sections 74, 76 and 78 BSA to understand the classification, proof and evidentiary treatment of certified copies.

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