Proof of documents by production of certified copies
Section 77 of the Indian Evidence Act, 1872 deals with proof of documents by production 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 Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 77, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 76 Proof of documents by production of certified copies Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Lrs of Smt. Devi vs Lrs of Nemi Chand
Court's Decision & Legal Precedent
Certified copies of public documents, particularly those containing information in the public domain (such as DLC rates), need not be proved through the testimony of the concerned officer. Unless there is a specific dispute or considerable rebuttal raised regarding the authenticity or accuracy of such public documents, summoning the officer would constitute wasteful use of judicial and administrative resources and cannot be permitted.
On this section: Provides that contents of public documents may be proved by producing their certified copies
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Chapter II of the Registration of Births and Death Act, 1969 relates to appointments of various Registrars. It is seen that the Chief Registrar, the District Registrar and the Registrars are all appointed by the State Government. As such, they are all public servants. Section 77 of the Indian Evidence Act, 1872 provides that certified copies of public documents may be produced in proof of the content of the public documents or parts of the public documents of which they purport to be copies. Section 79 mandates that the Court "shall presume" to be genuine every document purporting to be a …
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… The father of the victim and the two seizure witnesses (P.W.2 and P.W.4) only proved the seizure of the birth certificate of the victim from the father but not the contents thereof. 26. The birth certificate is a public document and as per Section 77 of the Indian Evidence Act, 1872 certified copies of a public document may be produced in proof of its contents. In re: Om Prakash Berlia v. Unit Trust of India<sup>11</sup> the Bombay High Court held that although secondary evidence is admissible of a public document by way of it certified copy, the party …
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… Ext.A2 is a secondary evidence as contemplated under Section 63 of the Indian Evidence -: 7 :- Act, 1872 and the same is admissible in evidence under Section 65 of the said Act, as is a public document, as contemplated under Section 74(i)(ii) of the said Act. Moreover, according to Section 77 of the Indian Evidence Act, 1872, certified copy may be produced in proof of the contents of the public document. 8. Coming to the legal validity of Ext.A2 purchase certificate, it is to be remembered that Ext.A2 is a certificate issued under Section 72K(2) of the K.L.R. Act and according to the said Section ' …
Questions about Section 77
What have the courts held on Section 77 of the Indian Evidence Act?
Lrs of Smt. Devi vs Lrs of Nemi Chand (22 Nov 2021) is the leading judgment on this section among those set out below: Provides that contents of public documents may be proved by producing their certified copies.
How do I find court cases under Section 77 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 77, section 77 IEA, section 77 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Lrs of Smt. Devi vs Lrs of Nemi Chand (22 Nov 2021).
What should I read with Section 77 of the Indian Evidence Act, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BSA 76 (Proof of documents by production of certified copies), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 77 of the Indian Evidence Act come into force?
Section 77 of the Indian Evidence Act, cited as IEA 77, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.