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Report No. 185

Section 78

This section deals with proof of certain public documents by other methods.

The section contains 6 clauses and refers to various classes of public documents and the manner in which they may be proved.

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.

(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) Add the words 'before the 15th August, 1947', after the words 'proclamations, orders ........ Her Majesty's Government'.

(4) 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."

We accept the above recommendations.

(5) As recommended in our discussion under Section 79, clause (2A) has to be inserted below clause (2) in 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"(2A) the unpublished and private proceedings of a legislature or its Committees, by a certified extract of the proceedings issued under the signature and seal of the presiding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."

Review of the Indian Evidence Act, 1872 Back

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