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Application under Section 75 of the Indian Evidence Act 2023

> I need to request the documents related to birth certificate of my son under Section 75 of the Indian Evidence Act, 2023 from the Bihar Sharif Municipal Corporation. I am UNSURE, WHICH COMPETENT AUTHORITY I SHOULD ADDRESS. . WHICH IS THE "PARALLEL SECTION......IN BHARATIYA SAKSHYA ADHINIYAM 2023" EQUIVALENT TO "Section 74 of the Indian Evidence Act, 1872". Kindly guide me on this. I have prepared an application. Please check if I have prepared it out correctly. **IN THE OFFICE OF THE BIHAR SHARIF MUNICIPAL CORPORATION** **Subject:** Application under Section 75 of the Indian Evidence Act, 2023 for Obtaining Certified Copies of Birth Certificate Documents --- **To,** The Public Information Officer, Bihar Sharif Municipal Corporation, Bihar Sharif, Bihar. --- **Respected Sir/Madam,** According to Section 74 of the Indian Evidence Act, 1872, public documents are those documents which are kept in the custody of public officers. In accordance with this, I request you to provide me with certified copies of the following public documents which are in your custody. **Birth Certificate Details:** Date of birth:XX-XX-XXXX - **Registration No.:** X-XXXX, XX-XXXXX-XXXXXX - **Registration Date:** XX-XX-XXXX **Documents Required:** 1. Certified and attested copies of all documents submitted by applicant of this birth certificate AT the time of the birth certificate application for my son. 2. Certified and attested copies of all documents created by the concerned authority during the process of issuing the birth certificate, after receiving informations and documents from applicant of this birth certificate. 3. The name of the applicant as recorded in the application for the birth certificate. FOR PROVIDING DOCUMENTS:I am attaching a SELF ADDRESSED, POSTAL STAMP PASTED a SPEED POST ENVELOPE with it, for this purpose. FEE DETAILS:. This is to acknowledge that the partial payment of the desired public documents copies fee of Rs. 50 (through IPO:XXXXXX Payment Date: XX/XX/XXXX ) is enclosed with the application. And in addition, whatever the documents fee will be, I will pay the additional fee upon your notification to me through appropriate means (via email / WhatsApp /I am attaching a SELF ADDRESSED, POSTAL STAMP PASTED a SPEED POST ENVELOPE with it, for this purpose)." "Note: 1.This application does not fall under the purview of the Right to Information Act. Therefore, the provisions of the said Act do not apply to this application, and the information sought comes under the definition of a public document under Section 74 of the Indian Evidence Act, 2023. As a public servant, you are obligated to provide the applicant/petitioner with the information within a reasonable time. 2.This is to acknowledge that the partial payment of the desired public documents copies fee of Rs. 50 (through IPO:XXXXXX Payment Date: XX/XX/XXXX ) is enclosed with the application. And in addition, whatever the documents fee will be, I will pay the additional fee upon your notification to me through appropriate means (via email / WhatsApp /I am attaching a SELF ADDRESSED, POSTAL STAMP PASTED a SPEED POST ENVELOPE with it, for this purpose)." Remember that in the light of Section 2(11) of the BNS, it is essential for you to decide on this application with utmost care and caution, adhering to the prevailing laws of the country. (2) In reference to the requested information, please fill out the following format as per Section 76 of the Indian Evidence Act, 1872: {CAN I USE ....Section 75 of the Indian Evidence Act, 2023 INSTEAD } I, the concerned/responsible/officer/name...................................., Designation..........................................., declare under oath that the information requested by you, pertaining to application number,....................................... is not subject to the provisions of Section 74 of the Indian Evidence Act, 1872, regarding public documents. And I will refuse to provide this information even if demanded by the Indian Parliament/State Legislature. Concerned/Responsible/Officer Signature and Seal: ........................ .Name ........................ Designation:..................... Date: "............................

( Nalanda, Bihar )

5 months ago

Reply

Dear Client,
Both under the Right to Information Act, 2005 and Section 76 of the Indian Evidence Act, 1872(now Section 75 of BSA, 2023), you can apply before the Court/Public Authority seeking information/documents following the procedure of application. While the RTI Act provides a time-bound response to an application up to the First Appellate Authority, there is no provision as such under Section 76 of the Indian Evidence Act. The Registrar appointed under the Birth and Death Registration Act, 1969 is the competent authority to register the reported birth and death and issue a certificate of birth or death to the applicant and is the sole custodian of all records related to births and deaths of his jurisdiction. According to Section 76 of the Indian Evidence Act, 1872(now Section 75 of BSA, 2023), every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees thereof, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies. You can apply for certified copies of public documents like orders, judgments, order sheets, and even entries in certain registers and FIRs that are in the custody of the Court or the Public Authority. So, you may make an application addressing "To, The Registrar, under the D & B Act, 1969, IN THE OFFICE OF THE BIHAR SHARIF MUNICIPAL CORPORATION for the issue of CC of birth certificate paying fees as asked for by the authority post verification of your application and availability of documents in the office of the public authority.