Section 81 of the Indian Evidence Act, 1872

Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents:

The Court shall presume the genuineness of every document purporting to be the London Gazette, or any Official Gazette, or the Government Gazette of any colony, dependency of possession of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament of the United Kingdom] printed by the Queen’s Printer, and of every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

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Comments:

Section 81 provides for the presumption of genuineness of the following documents.

1. Every document which purports to be London Gazette, or any Official Gazette, or the Government Gazette of any colony, dependency or possession of the British Crown is relevant. It was held that gazette notification of Bombay Presidency Published in 1879 was admissible under section 37 read with Section 81. The presumption of publication in the official gazette is that it is done in regular course, Section 81 would be attracted in the case.

2. Every document which purports to be a newspaper or journal. The presumption of genuineness about facts reported therein cannot always be treated as proof of facts. It was held that the presumption of genuineness attached to Section 81 to newspaper reports cannot be treated as proof of facts stated therein.

The Supreme Court held that Newspaper reports do not constitute admissible evidence of their truth. It is merely hearsay and inadmissible in evidence. News items and newspapers are merely hearsay and cannot be relied on. The newspaper report per se is not admissible. Mere apprehension of removal of service as found in the newspaper report “could not establish breach of any of his fundamental right” of the petitioner.

3. Every document purporting to be a copy of a private Act of Parliament of the United Kingdom printed by Queen’s printer.

4. Every document purporting to be a document directed by any law to be kept by any person, if such document is kept substantially in the form required by law and is produced from proper custody.

81 A. Presumption as to Gazette in electronic forms:

The Court shall presume the genuineness of every electronic record purporting to be the Official Gazette or purporting to be electronic record directed by any law to be kept by any person, if such electronic record is kept substantially in the form required by law and is produced from proper custody.