What is Presumption as to genuineness of certified copies What is Presumption as to documents produced as record of evidence Section 79 and 80 of Indian Evidence Act 1872

Presumption as to genuineness of certified copies and Presumption as to documents produced as record of evidence are defined under section 79 and 80 of Indian Evidence Act 1872. Provisions under these sections are:

Section 79 of Evidence Act "Presumption as to genuineness of certified copies"

Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

The Court shall presume [to be genuine] every document purporting to be a certificate, certified copy or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by any officer [of the Central Government or of a State Government, or by any officer 59[in the State of Jammu and Kashmir] who is duly authorized thereto by the Central Government] :

Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.

The Court shall also presume that any officer by whom any such document purports to be signed or certified held when he signed it, the official character which he claims in such paper.

Section 80 of Evidence Act "Presumption as to documents produced as record of evidence"

Whenever any document i.e. produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance with law, and purporting to be signed by any Judge or Magistrate or by any such officer as aforesaid, the Court shall presume

that the document is genuine; that any statement as to the circumstances under which it was taken, purporting to be made by the person signing it, and that such evidence, statement or confession was duly taken.