Dilemma in Proof of Servants' Identity
evidence du_llb beginner trick_questionIn BSA Section 65(B), if a certificate is issued by a public servant under his official seal, can his character of public servant be a condition to prove his signature? Most students make a simple answer like 'nope, just signature is sufficient'. But here's the twist - it's not just about his character, it's about the condition specified under section 65(B)(2). If the condition of his character is met, then it can be proved by primary evidence, i.e. direct evidence of signature, but if not, then it can be proved by secondary evidence, i.e. certificate issued under his official seal. The trick here is that most students think 'public servant' is a general category, but it has specific connotations as per Indian Penal Code, which may or may not be applicable here. So, be careful about assuming things, and don't fall for this trap!