Legal Obligations of Authorities to Provide Certified Copies of Public Records under Section 75 BSA

The transparency of administrative actions and the accessibility of public documents are cornerstones of a fair legal system. In the landscape of Indian evidence law, the transition to the Bharatiya Sakshya Adhiniyam (BSA), 2023, has reinforced the mechanisms through which citizens can access official documentation. Central to this is the right to obtain certified copies of public records, which ensures that individuals are not left at the mercy of administrative discretion when seeking proof of land ownership or official proceedings.

A common question arising from the implementation of this new framework is: What does Section 75 of the Bharatiya Sakshya Adhiniyam provide? This section is vital for anyone involved in civil litigation, property disputes, or administrative challenges, as it governs the accessibility of the evidence held by the state.

The Statutory Right to Inspect and Obtain Public Records

Section 75 of the Bharatiya Sakshya Adhiniyam, 2023, primarily establishes the right of individuals to access and obtain certified copies of public records. This includes a wide array of documents, ranging from official court proceedings to critical land records. Along with Sections 76 and 77 of the BSA, this provision creates a statutory mandate for authorities to allow inspection and provide copies of public documents.

In practice, this right is not merely a courtesy but a legal obligation. When authorities fail to provide certified copies upon a valid request, such inaction is often viewed by the judiciary as illegal and arbitrary 2025 Supreme(Online)(Tel) 13757 and 2025 Supreme(Online)(NCDRC) 3433. The law emphasizes that transparency is paramount, and the obligation to furnish these records often intersects with other legislative frameworks, such as the Right to Information Act, 2005

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Procedural Safeguards and Legal Remedies

The BSA does not simply grant a right; it implies a process. Individuals are generally expected to submit formal representations or applications to the relevant authority to seek certified copies. These authorities are mandated to act within stipulated timelines to ensure that the legal process is not stalled by administrative delay.

However, challenges often arise when authorities remain silent or delay their responses. Legal petitions have frequently been filed to challenge such inaction, asserting that a delay in providing records is a violation of statutory rights. Courts have consistently held that the failure of an authority to comply with these mandates is unlawful 2025 Supreme(Online)(Tel) 16126 and 2025 Supreme(Online)(Tel) 18548. This judicial oversight ensures that Section 75 remains an effective tool for accountability rather than a dormant provision.

Intersection with Evidence Law and Property Rights

To fully understand the impact of Section 75, it is necessary to view it alongside other evidentiary principles within the BSA. The right to obtain records is most critical in land disputes, where documentary evidence is the primary determinant of title.

The BSA integrates broader evidentiary principles, such as those found in Section 113, which deals with the proof of possession and title. Section 113 of the BSA corresponds to Section 110 of the repealed Indian Evidence Act, 1872 2026 3 Supreme 259. This provision is anchored in the principle that possession is prima facie proof of ownership 2025 Supreme(Online)(Bom) 1793.

The synergy between Section 75 and Section 113 is clear: while Section 113 establishes that a person in possession is entitled to remain so until a better title is disclosed, Section 75 provides the mechanism to obtain the certified public records necessary to prove or disprove that title 2025 Supreme(Online)(Bom) 1793.

For example, in disputes over land ownership, the onus may be on the State to prove it has a subsisting title to the Subject Land if it intends to dispossess an individual 2025 Supreme(Online)(Bom) 1793. In such scenarios, the ability to access certified land records under Section 75 becomes the primary weapon for a litigant to challenge the State's claims.

Practical Implications in Land Litigation

In complex land resumption cases, the courts have emphasized that the government must follow due process. For instance, where appellants claim title based on a sale deed, the court may examine whether the State followed proper procedures in resuming the land for public purposes 2026 3 Supreme 259.

When the State attempts to resume assigned government land, the court may rule that possession is prima facie evidence of ownership and the State must prove its title to dispossess the appellants 2026 3 Supreme 259. Without the ability to request and receive certified copies of records—as guaranteed under Section 75—litigants would find it nearly impossible to counter the State's assertions of ownership.

Key Takeaways for Legal Practitioners and Citizens

The enforcement of Section 75 of the Bharatiya Sakshya Adhiniyam, 2023, ensures a system of checks and balances regarding public documentation. The following points summarize the critical aspects of this provision:

• Mandatory Compliance: Authorities are legally obligated to provide certified copies of public records, including land proceedings and official records.
• Judicial Recourse: Any denial of access to these records can be challenged in court as an illegal and arbitrary action 2025 Supreme(Online)(Tel) 13757.
• Integration with RTI: The right to records under the BSA is complemented by the transparency mandates of the Right to Information Act, 2005.
• Evidentiary Weight: These certified copies are essential for establishing prima facie proof of ownership under Section 113 of the BSA, which protects those in possession of property 2025 Supreme(Online)(Bom) 1793.

Ultimately, Section 75 serves as a bridge between the existence of a public record and its use as admissible evidence in a court of law. By mandating the prompt delivery of certified copies, the BSA promotes accountability and ensures that the right to property and the right to a fair trial are upheld through transparent access to information. While this summary provides a general overview of the law, the application of these sections may vary based on the specific facts of a case.