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Report No. 185

Section 81

We agree with the 69th Report (see para 37.3) that the presumption in respect of (1) London Gazette, (2) the Government Gazette of any colony, dependency or possession of the British Crown and a private Act of the UK Parliament printed by the Queen's Printer must be confined to the period before 15.8.1947. (see the recommendation in section 37 of the Act also). We agree with the 69th Report, that section 81 should be amended as follows:-

For the words, ""The Court shall presume the genuineness of every document purporting to be the London Gazette," the words "The Court shall presume the genuineness of every document dated or issued before the fifteenth day of August 1947,purporting to be the London Gazette," shall be substituted.

Section 81A as proposed in the 69th Report.

The 69th Report recommended section 81A in relation to Registration of Births.

We, therefore, feel that section 81A as proposed does not fit into the scheme of the Act between section 81 and 82.

The next is whether there is indeed a need to have a provision elsewhere in the Act making such entries admissible as recommended in the 5th Report and the 69th Report. We find that no special provision is necessary to make entries in Birth registers necessary in as much as such entries are admissible under section 35 of the Act and that section has been applied by Courts to such registers.

Suffice it to say that if the entries are admissible under section 35, it is not necessary to have another section 81A specifically concerning such registers.

Having regard to the fact that the 69th Report has not suggested that initially the Court 'shall' draw a presumption of genuineness of entries from such Birth Registers and having regard to the case law, we do not think it is necessary to have a provision like section 81A. We do not, therefore, accept the recommendation.

Section 81A as incorporated by Act 21/2000.

This section is newly introduced in the year 2000 and does not require any modification.



Review of the Indian Evidence Act, 1872 Back




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