Section 76 BSA: Proof of Documents by Certified Copies

Section 76 BSA explains when certified copies can be used to prove the contents of public documents in court.

Introduction

Documentary evidence plays an important role in civil and criminal proceedings. Courts often need to examine official records, government orders, judicial records and other public documents to determine the facts in dispute. Producing the original public record in every proceeding may be inconvenient or impractical.

Section 76 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 permits certified copies to be produced as evidence of the contents of the public documents they reproduce. It must be read with Section 75, which governs the issue of certified copies, and the provisions dealing with secondary evidence and presumptions concerning certified documents.

Section 76 corresponds to Section 77 of the Indian Evidence Act, 1872. Its essential wording and legal principle have been retained under the BSA.

Bare Act: Section 76 of the Bharatiya Sakshya Adhiniyam, 2023

76. Proof of documents by production of certified copies.—

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Meaning of Section 76 BSA

Section 76 establishes a rule concerning the method of proving the contents of public documents. Instead of producing the original public record, a party may produce a certified copy that purports to reproduce the relevant document or a part of it.

The provision recognises the practical importance of official records and allows their contents to be proved through properly certified copies.

For example, if a party needs to establish what an official government order states, the party may produce a certified copy of that order, subject to the applicable legal requirements.

However, proving the contents of a document is not necessarily the same as proving the truth of every statement contained in it or proving that a private transaction recorded in it was validly executed. The legal effect depends on the nature of the document, the purpose for which it is tendered and the applicable law.

Essential Elements of Section 76 BSA

1. The copy must be a certified copy

Section 76 refers to “such certified copies”. This expression connects the provision with Section 75 BSA, which specifies how certified copies of public documents are issued.

An ordinary photocopy does not automatically qualify as a certified copy merely because it reproduces an official document. The requirements governing certification must be satisfied.

2. The document must be a public document

Section 76 applies to public documents or parts of public documents. Section 74 BSA identifies the relevant categories of public documents.

Whether a particular document qualifies as a public document depends on its legal character and the statutory definition. A document does not automatically become a public document simply because it has been registered with a public authority or deposited in a government office.

3. The copy must purport to reproduce the relevant document

The certified copy must purport to be a copy of the public document, or the relevant part of it, whose contents are sought to be proved.

The document produced must therefore correspond to the record relied upon by the party.

4. The purpose is to prove the contents of the document

The central purpose of Section 76 is to permit proof of the contents of the public document through its certified copy.

The provision does not independently make every factual assertion in the document conclusive. The court must consider the document’s nature, relevance, legal effect and the issue for which it is being relied upon.

Also Read: Section 75 BSA: Certified Copies of Public Documents

5. The provision must be read with related sections

Section 76 should not be read in isolation. The relevant provisions include:

• Section 74 BSA, which deals with public and private documents.
• Section 75 BSA, which governs certified copies of public documents.
• Section 78 BSA, which addresses the presumption as to genuineness of certified copies.
• The provisions governing secondary evidence, where applicable.

Examples of Section 76 BSA

Situation	Application
A party produces a certified copy of a court judgment	The copy may be used to prove the contents of the judgment, subject to applicable law.
A party produces a certified copy of an official government order	The copy may be used to establish what the order states.
A party relies on an official entry in a public register	A certified copy of the relevant public record may be produced to prove its contents.
A party produces an ordinary, uncertified photocopy of a public record	It does not automatically receive the treatment provided by Section 76 for certified copies.
A party produces a certified copy of a registered sale deed	The court must distinguish the official registration record from the original private instrument and consider the applicable rules for proving execution and contents.

These examples illustrate the general principle. The admissibility and evidentiary effect of a particular document depend on the circumstances and the applicable statutory provisions.

Important Case Laws on Proof by Certified Copies

The following decisions interpret the corresponding provisions of the Indian Evidence Act, 1872. They remain useful for understanding the principles underlying Section 76 BSA, although they were not decided directly under the BSA.

1. Appaiya v. Andimuthu @ Thangapandi

Citation: 2023 INSC 835

Court: Supreme Court of India

Decision date: 20 September 2023

Facts and issue: The case concerned a property dispute involving the use of a certified copy of a registered sale deed. The Court considered the evidentiary status of certified copies and the distinction between the original instrument and the public record maintained by the registration authority.

Legal principle: The Supreme Court considered Sections 74, 76, 77 and 79 of the Indian Evidence Act, 1872, alongside the relevant provisions of the Registration Act, 1908. It explained that a certified copy of the public record maintained by the registering authority may be produced to prove the contents of that public record.

The Court also emphasised an important distinction: the admissibility of a certified copy to prove contents does not, by itself, establish that the original private instrument was duly executed by the person named as its executant.

Relevance to Section 76 BSA: The judgment demonstrates that a certified copy can prove the contents of the public record it reproduces, but the precise fact sought to be proved must be identified. Proving the contents of an official record and proving the execution or legal validity of the underlying private instrument are separate questions.

2. Smt. Rekha Rana v. Smt. Ratnashree Jain

Citation: AIR 2006 MP 107; 2006 (1) MPLJ 103

Court: Madhya Pradesh High Court

Decision date: 17 August 2005

Facts and issue: The dispute concerned whether a certified copy of a registered sale deed could be produced as secondary evidence and what such a copy could establish.

Legal principle: The Division Bench distinguished between a registered sale deed, which is ordinarily a private document, and the public record of that document maintained in the registration office. It explained that a certified copy issued from the relevant public register may be used to prove the contents of the public record. However, the copy does not automatically prove the due execution of the original sale deed.

Relevance to Section 76 BSA: This decision illustrates why the classification of the original document and the record maintained by a public authority matters. It also explains the limits of using certified copies as proof of contents.

Difference Between Section 75 and Section 76 BSA

Sections 75 and 76 are closely connected but serve different purposes.

Basis	Section 75 BSA	Section 76 BSA
Subject	Certified copies of public documents	Proof of documents by production of certified copies
Main function	Governs the supply and certification of copies	Permits certified copies to prove the contents of public documents
Practical question	How is a certified copy obtained and authenticated?	How can the contents of a public document be proved using that copy?
Corresponding provision under the Indian Evidence Act	Section 76	Section 77

In simple terms, Section 75 concerns the issuance of the certified copy, while Section 76 concerns its evidentiary use.

Also Read: Section 56 BSA: Proof of Contents of Documents

Difference Between Section 76 and Section 78 BSA

Section 76 and Section 78 also perform distinct functions.

Basis	Section 76 BSA	Section 78 BSA
Subject	Proof through certified copies	Presumption as to genuineness of certified copies
Main purpose	Allows certified copies to prove the contents of the public documents they reproduce	Provides a presumption of genuineness for documents meeting the statutory conditions
Key distinction	Deals with proof of contents	Deals with the specified presumption of genuineness

The presumption under Section 78 must be applied according to its wording and conditions. It should not be treated as making every statement in a certified copy conclusive proof of the underlying facts.

Is a Certified Copy Sufficient to Prove a Registered Sale Deed?

Not necessarily for every purpose.

A distinction must be made between:

1. Proving the contents of a public record: A certified copy of the relevant registration record may be used for this purpose under the applicable law.
2. Proving the execution of the original instrument: A certified copy does not automatically establish that the person named in the original private instrument actually executed it.
3. Proving the legal effect of the transaction: The court may need to examine other legal requirements, evidence and circumstances.

The Supreme Court’s decision in Appaiya v. Andimuthu @ Thangapandi (2023 INSC 835) is useful in understanding these distinctions.

Relationship Between Sections 74, 75, 76 and 78 BSA

These provisions should be read together to understand the evidentiary treatment of public documents.

Section	Subject	Importance
Section 74	Public and private documents	Identifies the statutory categories of public documents.
Section 75	Certified copies of public documents	Governs the issuance and certification of copies.
Section 76	Proof of documents by production of certified copies	Allows certified copies to prove the contents of public documents.
Section 78	Presumption as to genuineness of certified copies	Provides the applicable presumption when the statutory conditions are met.

For examination purposes, remember the sequence: classification of the document, certification of the copy, proof of contents and the applicable presumption.

Difference Between Section 76 BSA and Section 77 of the Indian Evidence Act, 1872

Section 76 BSA corresponds to Section 77 of the Indian Evidence Act, 1872.

The former provision stated that certified copies could be produced to prove the contents of public documents or parts of public documents of which they purported to be copies. Section 76 BSA retains this essential rule.

The principal change is the renumbering of the provision under the new evidence law. The corresponding principle concerning proof through certified copies has been carried forward.

Important Points for Law Students and Judiciary Aspirants

• Section 76 BSA deals with proof of documents by production of certified copies.
• It corresponds to Section 77 of the Indian Evidence Act, 1872.
• Certified copies may be produced to prove the contents of public documents or parts of public documents.
• Section 75 BSA governs the certification and supply of copies.
• Section 78 BSA deals with the presumption as to genuineness of certified copies.
• An ordinary photocopy does not automatically qualify as a certified copy under Section 76.
• Proof of the contents of a public record is distinct from proof of the execution of an underlying private instrument.
• Appaiya v. Andimuthu @ Thangapandi (2023 INSC 835) is an important Supreme Court decision concerning certified copies and registered documents.
• Smt. Rekha Rana v. Smt. Ratnashree Jain, AIR 2006 MP 107, explains the distinction between a registered private instrument and the public registration record.

Frequently Asked Questions (FAQs)

1. What is Section 76 of the Bharatiya Sakshya Adhiniyam, 2023?

Section 76 permits certified copies to be produced as proof of the contents of the public documents, or parts of public documents, of which they purport to be copies.

2. Which section of the Indian Evidence Act corresponds to Section 76 BSA?

Section 76 BSA corresponds to Section 77 of the Indian Evidence Act, 1872.

3. Can a certified copy be used instead of the original public document?

Yes. Section 76 permits a certified copy to be produced to prove the contents of the public document it reproduces, subject to the applicable legal requirements.

4. Does Section 76 apply to every document registered with a government authority?

No. Registration alone does not automatically make the original instrument a public document. The original document and the public record maintained by the authority may have different legal classifications.

5. Does a certified copy prove the execution of a registered sale deed?

Not automatically. A certified copy may establish the contents of the relevant public record, but proving the execution of the underlying private instrument is a separate question.

6. What is the difference between Sections 75 and 76 BSA?

Section 75 governs the issuance and certification of copies of public documents. Section 76 permits those certified copies to be produced as proof of the contents of the public documents they reproduce.

7. What is the importance of Section 78 BSA?

Section 78 deals with the presumption as to the genuineness of certified copies and other specified documents, subject to the conditions stated in that section.

8. Which cases are important for Section 76 BSA?

Appaiya v. Andimuthu @ Thangapandi (2023 INSC 835) and Smt. Rekha Rana v. Smt. Ratnashree Jain, AIR 2006 MP 107, are useful decisions concerning certified copies, public records and proof of the contents of documents under the predecessor law.

Conclusion

Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 provides that certified copies may be produced to prove the contents of public documents or the relevant parts of those documents. It corresponds to Section 77 of the Indian Evidence Act, 1872, and retains the essential principle of the earlier law. For proper application, the provision must be read with Sections 74, 75 and 78 BSA and the rules governing secondary evidence. Most importantly, proving the contents of a public record does not automatically establish the execution or legal validity of an underlying private instrument.

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