Section 80 of The Bharatiya Sakshya Adhiniyam, 2023 in hindi
The Court shall presume the genuineness of every document purporting to be the Official Gazette, or to be a newspaper or journal, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody. Explanation.--For the purposes of this section and section 92, document is said to be in proper custody if it is in the place in which, and looked after by the person with whom such document is required to be kept; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render that origin probable.
Summary
- The Court is required to presume that Official Gazettes, newspapers, and journals are genuine.
- Documents required by law to be kept are presumed genuine if they follow the prescribed form and come from proper custody.
- Proper custody is defined as the place and person where the document is legally required to be kept.
- Custody is not considered improper if the document's origin is legitimate or if the circumstances make that origin probable.
- This section shares the definition of proper custody with section 92.
Practical examples
FAQ
1. What documents does this section apply to?
It applies to the Official Gazette, newspapers, journals, and any document that a law requires a person to keep.
2. What is considered 'proper custody' under this section?
Proper custody refers to the document being in the location and under the care of the person as required by law.
3. Can a document be considered properly kept even if it is not in the location required by law?
Yes, if the document's origin is proven to be legitimate or if the circumstances of the case make that origin probable.
Test yourself
Q1.Under Section 80 of The Bharatiya Sakshya Adhiniyam, 2023, what must the Court presume about an Official Gazette, newspaper, or journal produced before it?
Q2.Under Section 80 of the Bharatiya Sakshya Adhiniyam, 2023, when is a document said to be in "proper custody"?
Q3.Under Section 80 of The Bharatiya Sakshya Adhiniyam, 2023, can a document's custody be considered proper if it is not in the place or with the person legally required, but has a legitimate origin?
Q4.Under Section 80 of the Bharatiya Sakshya Adhiniyam, 2023, which of the following documents is NOT subject to the "shall presume" genuineness rule under this section?