Indian Law Primer

Blog about law, India and matters pertaining to Indian law

Presumption as to certified copies of foreign judicial records

Reference: The Indian Evidence Act
Section 86
The Court may presume that any document purporting to be a certified copy of any judicial record of any country and not forming part of India or of Her Majesty’s dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records. An Officer who, with respect to any territory or place not forming part of India or Her Majesty’s dominions, is a Political Agent therefor, as defined in Section 3 (43) of the General Clauses Act, 1897, shall, for the purposes of this Section, be deemed to be a representative of the Central Government in and for the country comprising that territory of place.

This Section does not exclude the operation of Sections 65 and 66 under which secondary evidence of public documents may be given if the person in whose possession they are is either out of the reach of the Court or is not subject to its process.

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