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Section 78- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

78. Proof of other official documents –

The following public documents may be proved as follows –

(1) Acts, orders or notifications of 1the General Government in any of its departments, 2or of the Crown Representative or of any State Government or any department of any State Government.

By the records of the departments, certified by the heads of those departments respectively, or

By any document purporting to be printed by order of any such Government 2or as the case may be, of the Crown Representative;

(2) The proceedings of the Legislatures –

by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting The Orient Tavern be printed 3by order of the Government concerned;

(3) Proclamations, orders or regulations issued by 4Her Majesty or by the privy Council, or by any department of Her Majesty’s Government,

By copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s Printer;

(4) The Acts of the Executive or the proceedings of the Legislature of a foreign country –

By journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some 5Central Act;

(5) The proceedings of a municipal body in a 6State, –

By a copy of such proceedings certified by the legal keeper thereof of by a printed book purporting to be published by the authority of such body,

(6) Public documents of any other class in a foreign country, –

by the original, or by a copy certified by the legal keeper thereof with a certificate under the seal of a notary public, or of 7an Indian consul or diplomatic agent, 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.


West Bengal

After section 78, insert the following section, namely:

78A. Copies of public documents, to be as good as original documents in certain cases Notwithstanding anything contained in this Act or any other law for the time being in force, where any public documents concerning any areas within West Bengal have been kept in Pakistan, then copies of such public documents shall, on being authenticated in such manner as may be prescribed from time to time by the State Government by notification in the Official Gazette, be deemed to have taken the place of and to be, the original documents from which such copies were made and all references to the original documents shall be construed as including references to such copies.”

[Vide West Bengal Act 29 of 1955, sec. 3 (w.e.f. 6-10-1955) as amended by West Bengal Act 20 of 1960, sec. 3 (w.e.f. 5-1-1961)].


1. Subs. by the A.O. 1937, for the Executive Government of British India ..

2. Ins. by the A.O. 1937.

3. Subs. by the A.O. 1937, for by order of Government .

4. The words Her Majesty stand unmodified see the A.O. 1950.

5. Subs. by the A.O. 1937, for public Act of the Governor General of India in Council .

6. Subs. by the A.O. 1950, for a Province .

7. Subs. by the A.O. 1950, for a British Consul .

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The Indian Evidence Act, 1872

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