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Report No. 185

Section 86

This section deals with 'presumption as to certified copies of foreign judicial records'.

In Aleyamma Kuruvilla v. Pennamma Thomas 1994(1) Crimes 670 (Ker) it was held that a fax copy of the order passed by an American Court duly attested by the Indian Consulate was admissible as secondary evidence.

It has been held that Section 86 does not exclude other methods of proof.

Section 14 of the Code of Civil Procedure, 1908 lays down that where a foreign judgment is relied upon, the production of the judgment duly authenticated, is presumptive evidence that the Court which made it had competent jurisdiction (Kassim v. Isaf Md: ILR 29 Cal. 509).

We agree with the 69th Report (see para 40.10) that no amendment is necessary in Section 86.

Review of the Indian Evidence Act, 1872 Back

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