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 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 the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
Image Source: newsinmind.com
ADVERTISEMENTS:
An officer who, with respect to any territory or place not forming part of India or Her Majesty’s dominions, is a Political Agent therefore, as defined in Section 3, 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 Central Government in and for the country comprising that territory or place.
Comments:
Section 86 makes it clear that the court may exercise its judicial discretion to presume certified copies of foreign judicial record to be genuine or not. According to the section the court may presume the genuineness and accuracy of a certified copy of any judicial record of any foreign country. “The provisions of this section are imperative and must be complied with”.
