Section 78(1) in The Indian Evidence Act, 1872

Loading case document...

Please wait

(1)Acts, orders or notifications of [the Central Government] [Substituted by A.O. 1937, for "the Executive Government of British India".] in any of its departments, [or of the Crown Representative] [Inserted by A.O. 1937.] 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 or, as the case may be, of the Crown Representative; or by any document purporting to be printed by order of any such Government [or, as the case may be, of the Crown Representative;] [Inserted by A.O. 1937.]

Section 78(1) in The Indian Evidence Act, 1872

AI Summary

Since you have provided the title as "Section 78(1) in The Indian Evidence Act, 1872" and the court as "Union of India - Subsection" with a date of 15 March 1872, it seems you are asking for an explanation of the legal provision itself, rather than a case summary. Section 78 of the Indian Evidence Act, 1872, deals with the proof of certain official documents. Specifically, subsection (1) addresses the proof of acts, orders, or notifications of the Central Government. Here's a breakdown:

Short Summary

Section 78(1) of the Indian Evidence Act, 1872, outlines the methods by which acts, orders, or notifications of the Central Government can be proven in Indian courts. It allows for proof either through the records of the departments, certified copies, or documents purporting to be printed by order of the Government.

Facts

This section is not based on a specific factual scenario but rather establishes a rule of evidence. The "facts" are the existence of acts, orders, or notifications issued by the Central Government that need to be presented as evidence in court.

Issues

The primary issue addressed by Section 78(1) is: How can acts, orders, or notifications of the Central Government be reliably proven in court?

Petitioner's Arguments

Since this is a statutory provision, there is no petitioner or respondent in the traditional sense. However, a party seeking to rely on an act, order, or notification of the Central Government as evidence would argue that their method of proof complies with Section 78(1).

Respondent's Arguments

Similarly, the opposing party might argue that the presented evidence does not meet the requirements of Section 78(1) and is therefore inadmissible.

Court's Reasoning

The section is based on the principle that official documents of the Central Government should be provable through reliable and readily accessible means. Allowing proof through departmental records, certified copies, or documents printed by government order ensures accuracy and efficiency in legal proceedings. The court, when applying this section, would examine whether the offered evidence falls within one of these permissible categories.

Conclusion

Section 78(1) provides a mechanism for proving acts, orders, and notifications of the Central Government in court. This can be done by producing: (1) the record of the department; (2) a certified copy of the document; or (3) a document purporting to be printed by order of the Government. If the document meets these criteria, it is admissible as evidence.