Question

As per Section 78(2) of the BSA 2023, presumption about the officer signing or certifying a document is:

• A. The officer held the official character claimed when signing or certifying the document
• B. The document's authenticity is independent of the official's official character
• C. The officer's signature is assumed to be forgery
• D. The officer did not hold the claimed officer character at the time of signing

Hint:

In legal proceedings, a presumption about official documents assumes that the officer acted in their official capacity unless rebutted.

Answer 1

The Correct Option is A

Step 1: Understanding Section 78(2) of BSA, 2023.
Section 78(2) of the Bharatiya Sakshya Adhiniyam (BSA), 2023 deals with the presumption of the authenticity of official acts performed by an officer. It assumes that the officer held the official position they claimed while certifying or signing a document.
Step 2: Interpretation.
This presumption protects public trust in official acts, making documents signed by officers valid unless proven otherwise.
Step 3: Conclusion.
Therefore, under Section 78(2), the officer is presumed to have held the official character they claimed while signing or certifying a document.