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Report No. 185

Section 77

We recommend addition of the following Explanation in section 77:

"Explanation.- If a certified copy is in fact issued, the same shall be admissible irrespective of whether it has been issued pursuant to a right to inspect or a right to obtain a certified copy."

Section 78

In the 69th Report, changes were recommended in clauses (1), (2), (3) and (6). No changes were considered necessary in clauses (4) and (5).

The above proposals are formal and we think it is sufficient to refer to them.

78(1): The reference to the Crown representative is to be confined to the period before 15th August, 1947.

(2) The word 'legislatures' is to be substituted by the word 'Parliament or of the Legislature of any State'.

(3) Insert clause (2A) after clause (2) and above clause (3) in section 78, as follows:

"(2A) the unpublished and private proceedings of a legislature or its Committees, by a certified extract of the proceedings issued under the signature and seal of the presiding officer of the legislature concerned or of the Chairman or head of the Committee of the legislature concerned."

(4) Add the words 'as respects the period before the 15 day of August, 1947', before the words 'proclamations, orders or regulations issued by Her Majesty's Government'.

(5) Split up clause (6) as under:

"(6). Public document of any other class in a foreign country,

(a) by the original, or

(b) by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of an Indian Consul or diplomatic officer, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country."

Review of the Indian Evidence Act, 1872 Back

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