Section 86 of The Indian Evidence Act, 1872 View Chapter 5

Presumption as to certified copies of foreign judicial records


   The Court may presume that any document purporting to be a certified copy of any judicial record of 1 [2* * * any country 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 3* * * the 4 [Central Government] 5 [in or for] 6 [such country] to be the manner commonly in use in 7 [that country] for the certification of copies of judicial records.

   8 [An officer who, with respect to 9*** any territory or place not forming part of 10 [India or] Her Majesty’s Dominions, is a Political Agent there for, as defined in section 3, 11 [clause (43)], of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the 12 [Central Government] 13 [in and for the country] comprising that territory or place].

1Subs. by the A.O. 1950, for “any country not forming part”.

2The words “a Part B State or of” omitted by Act 3 of 1951, s. 3 and the Schedule.

3The words “Her Majesty or of” omitted by A.O. 1950.

4Subs. by the A.O. 1937, for “Government of India”.

5Subs. by Act 3 of 1891, s. 8, for “resident in”.

6Subs. by Act 3 of 1951, s. 3 and the Schedule, for “such Part B State or Country”.

7Subs. by s. 3 and the Schedule, ibid., for “that State or Country”.

8Subs. by Act 5 of 1899, s. 4, for the para added by Act 3 of 1891, s. 3.

9The words “a Part B State or” ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule.

10Ins. by the A.O. 1950.

11Subs., ibid., for “clause (40)”.

12Subs. by the A.O. 1950, for “British”.

13The Words “of Her Majesty, or” Rep. ibid.