Section 61: Proof of Documents by Production of Certified Copies

Overview

Section 61 of the Bhartiya Sakshya Bill, 2023, simplifies proving the contents of certain documents in court. Instead of always needing the original document, you can often use an officially certified copy. This makes legal proceedings faster and easier, especially when dealing with government records.

Key Principles / Ingredients

• Type of Evidence: This section deals with documentary evidence – proof presented in the form of writings or records. It specifically addresses how to prove the *contents* of a document, not necessarily its authenticity (which is a separate issue).
• Conditions for Admissibility: A certified copy is admissible as evidence if it meets certain conditions. Primarily, it must be certified as a true copy of the original by a proper officer (like a government official or someone authorized to maintain records). The document itself must also be one that the law allows to be proven with a certified copy (like public documents).
• Burden of Proof: The party presenting the certified copy generally doesn’t have to prove the original document exists unless the opposing party challenges its authenticity or the certifying officer’s authority. The burden shifts to the challenging party to show why the certified copy shouldn’t be accepted.

How Courts Use this Provision

Judges routinely use Section 61 to avoid the hassle of requiring original documents, especially for records held by government departments. If a lawyer presents a certified copy of a birth certificate, land record, or court order, the judge will usually accept it as proof of the document’s contents without demanding the original, unless there’s a reason to suspect it’s not genuine. The court will verify the certification to ensure it’s valid.

Illustrations and Examples

• Example 1 – Simple Situation: In a property dispute, a lawyer wants to prove the ownership record of a land parcel. Instead of bringing the original land record from the land registry office, they present a certified copy obtained from the same office. The court accepts this as proof of ownership.
• Example 2 – More Complex Situation: A company is suing another for breach of contract. They want to introduce a copy of a board resolution approving the contract. The company presents a certified copy signed by the company secretary. The opposing party argues the secretary wasn’t authorized to certify documents. The court will then need to examine the company’s bylaws to determine if the secretary had the authority.

Important Provisos / Explanations

The Bill doesn’t include specific provisos or explanations attached directly to Section 61. However, the general principles of evidence regarding authentication and proof of originality still apply. The certifying officer’s authority to certify must be established if challenged.

Difference from Old Evidence Act (if applicable)

The Bhartiya Sakshya Bill, 2023, largely retains the principles of Section 63 of the Indian Evidence Act, 1872, regarding proof of public documents. However, the new Bill aims for greater clarity and simplification of language, making it more accessible. The core principle of accepting certified copies remains consistent.

Key Takeaways

• Certified copies can often be used *instead* of original documents in court.
• This applies mainly to public documents and records kept by public offices.
• The certification must be by a proper, authorized officer.
• The opposing party can challenge the validity of the certified copy.