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Report No. 185

Section 77

This section deals with "proof of documents by production of certified copies". It reads as follows:

"Section 77: 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."

In the 69th Report, it was pointed out (see para 35.32) that the use of the word 'such' in Section 77 referred to documents in relation to which there is a 'right to inspect'. Now it will be subject to the amendment proposed to Section 76. In the said para, the 69th Report referred to a conflict of views among the High Courts as to the admissibility of the certified copies where the copy is issued to a person not entitled to inspect. The Commission recommended in para 35.34, if a copy is "in fact" given it must be admissible irrespective of the right. This was to be clarified (see para 35.41).

The Commission felt in paras 35.35 to 35.40 that no special provision need be made in respect of 'certified extracts' as the same was covered by decisions of courts or special provisions of statutes.

In so far as the clarification referred to above, the draft was not given in the 69th Report. We would therefore 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."



Review of the Indian Evidence Act, 1872 Back




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