Report No. 185

Section 82

This section refers to presumption as to document admissible in England without proof of seal or signatures.

It states that if the document, by the law of England or Ireland, is admissible in a Court in England or Ireland, without proof of seal or stamp or signature; or of the judicial or official character claimed by the persons by whom it purports to be signed, then the Indian Court will presume the seal, stamp or signature as genuine and of the judicial or official character and that the document shall be admissible for the same purpose for which it would be admissible in England.

In para 39.10 of the 69th Report it was stated that "On a study of the subject as dealt with in some of the English books on Evidence, it would appear that the various categories of documents in respect of which English Courts do not insist on proof of signature or seal are, in the vast majority of cases, documents executed in England, Scotland or Ireland"

The recommendation was that the section may be deleted (see para 39.11).

We agree that there is no need any longer to have such a special provision for documents of England alone. The documents may be admissible because the Court can take 'judicial notice' or same may be public or judicial documents.

We agree that this section 82 can be deleted.