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Section 86 - Presumption as to certified copies of foreign judicial records | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 86The Bharatiya Sakshya Adhiniyam, 2023 Section 88

Indian Evidence Act, 1872

Section 86

Presumption as to certified copies of foreign judicial records

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Indian Evidence Act, 1872

86. Presumption as to certified copies of foreign judicial records

The Courts may presume that any document purporting to be a certified copy of any judicial record of 65[66[***] any country and not forming part of India or] of Her Majesty’s dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of 67[***] the 64[Central Government ] 68[in or for] 69[such country] to be the manner commonly in use in 70[that country] for the certification of copies of judicial records.

71 [An Officer who, with respect to 72[***] any territory or place not forming part of 24[India or Her Majesty’s dominions, is a Political Agent therefor, as defined in section 3, 73[clause (43), of the General Clause Act, 1897, shall, for the purposes of this section, be deemed to be a representative of the 64[Central Government] 74[ in and for the country] comprising that territory of place

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The Bharatiya Sakshya Adhiniyam, 2023

Section 88

Presumption as to certified copies of foreign judicial records

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The Bharatiya Sakshya Adhiniyam, 2023

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, 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.

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