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A certified copy of a Bangladeshi judicial record is produced in an Indian court. Whose certification…

Section 88(1) of the Bharatiya Sakshya Adhiniyam, 2023 gives the court discretion to presume a certified copy of a foreign judicial record genuine and accurate if a…

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A certified copy of a Bangladeshi judicial record is produced in an Indian court. Whose certification of the manner commonly used to certify such copies in Bangladesh can support the presumption under section 88 of the Bharatiya Sakshya Adhiniyam, 2023?

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Answer and explanation

Correct answer C

Section 88(1) of the Bharatiya Sakshya Adhiniyam, 2023 gives the court discretion to presume a certified copy of a foreign judicial record genuine and accurate if a representative of the Central Government in or for that country certifies that the manner of certification is commonly used there. Section 88(2) treats the specified Political Agent as such a representative. The provision concerns a presumption. Other applicable rules govern proof of official foreign documents.

Option feedback

Option A

A lawyer's status alone does not meet the statutory requirement.

Option B

Responsibility for filing the document in India does not confer the statutory role.

Option C

Section 88(1) identifies a representative of the Central Government in or for the country concerned. Section 88(2) includes the specified Political Agent.

Option D

Section 88 specifies a representative of the Central Government, rather than a State Government.

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