Introduction
Chapter V of Bhartiya Sakshya Adhiniyam,
2023 (BSA). states the provisions regarding
documentary evidence.
The word document has been defined
under Section 2(d) of BSA.
Any matter expressed or described or
otherwise recorded upon any substance by
means of letters, figures or marks or any
other means or by more than one of those
means, intended to be used, or which may
be used, for the purpose of recording that
matter and includes electronic and digital
records.
The legal system fundamentally depends
on evidence to ascertain facts, support
claims, and ensure fair and equitable
outcomes in judicial proceedings.
Public documents
Meaning:
Public Documents are documents or
records that are authenticated by the public
officer. Public documents also contain
statements made by the public officer in his
official capacity that are admissible as
evidence of the fact in civil matters .They
are made available to the public for
reference and use.
Characteristics of public document:
Rangaraju vs. kannayal and ors.
1. Public documents must be prepared by
public servant in his official capacity.
2. Should be made available for the
purpose of public reference and use.
Test of publicity is that the Public should be
interested in such documents and should
be entitled to check the mistakes or errors
in such documents and if there are any
errors or wrongs in it they are entitle to
protest.
3. It becomes a public document when the
public has right to inspect such official
documents and those who are willing
can obtain certified copy of the same by
paying prescribed fee.
Nature of public documents (sec 74 of
BSA ,2023
74. Public documents.—the following
documents are public documents:
1. Documents forming the acts, or
records of the acts:
1. of the sovereign authority,
2. of official bodies and tribunals, and
3. of public officers, legislative, judicial
and executive, 1[of any part of India
or of the Commonwealth], or of a
foreign country; 1[of any part of India
or of the Commonwealth], or of a
foreign country;
2. Public records kept 2[in any State] of
private documents.
Kinds of public documents and how they
are proved: sec 75 of BSA ,2023
1. Acts, notifications or orders and they are
proved by certified records certified by
head of department.
2. The Proceedings of the legislatures
proved by proceeding published by
government.
3. Proclamation, orders or regulations
proved by gazette notification.
4. This Acts of the executive or the
proceedings of the legislature of foreign
legislatures proved by official journals
published by their authority and by
certified copy of legal keeper.
5. Proceedings of municipal bodies in a
state proved by printed published books
of authority.
6. Public documents of any other class in a
foreign country proved by duly or of an
diplomatic agent or by Indian consul,
certified by notary public that the copy is
duly certified by legal keeper
11:07
52%
Gupta vs Coal India Limited
Examples of Public
Documents
These documents are considered to be
public documents which are open to the
public at large:
• Electoral Roll of all the districts
• Census Report of India
• Town Planning Reports by the
Department of State Development
• Village Records of the villages
• Public records keeping the original private
documents and not the copy
• Records of National Bank
• Birth and Death Register
• Charge Sheet
• Confessions recorded by a magistrate
under section 164 of Cr.P.C.
• Sanction to prosecute
• Record of Information under section 145
of Cr.P.C.
• Notice under section 106 of Cr.P.C.
Private Documents
Private documents, as defined in Section
74 (2) of the BSA ,2023 Act include any
documents that are not categorized as
public documents. These are documents
created by private individuals,
organizations, or entities for their internal
use or personal matters.
Examples of private documents include
contracts, agreements, wills, letters, and
private correspondence.
Private documents need to be proved in
court by complying with the rules of
admissibility and proving their authenticity.
Generally, the original private document is
admissible as evidence, and secondary
evidence (such as copies) may be
admissible in certain circumstances.
Difference between private and public
documents
. Definition
Section 74 (2) of the BSA,2023 Act defines
public documents as “Documents forming
the act or records of sovereign
authority, namely Parliament, Legislative
Assemblies, official bodies, tribunals,
public officers, or any part of India or of
Commonwealth or foreign country.”
Section 74 (2) of the BSA ,2023 Act says
that all other documents other than
public documents are private
documents.
2. Prepared by
Public documents are prepared by public
servants while discharging their official or
public duty. Private documents are those
documents that are prepared by a person in
his private interest and right.
3. Inspection status
Public documents are available for
inspection to the public in public office
during the official time after the prescribed
fee. Example: Concerned parties of the
case may inspect the copy of the
judgement.
Private documents are kept in the custody
of the person to whom it belongs, and it is
not available for inspection to the general
public. Example: A person’s ID card, gift
deed, passport are all private documents.
4. Admissibility
The secondary copy of public documents is
to be admitted in judicial proceedings. As
per section 60 of BSA ,2023 a certified
copy of the public document is admissible
in court.
Before proving private documents, one of
the conditions laid down under section 60 is
to be fulfilled else it cannot be admitted in
judicial proceedings.
5. How proved
As a general rule, a public document is
proved by secondary evidence. As a
general rule, a private document is to be
proved by the original that is primary
evidence.
6. Genuineness
Section 78 of the BSA ,2023 says the court
is bound to presume the genuineness of
public documents from its certified
secondary copy.
In private documents, no presumption of
the genuineness of original from secondary
evidence is made except in exceptional
circumstances.
7. Examples
Some of the examples of public documents
are birth register, electoral roll, RTI reports,
records of banks, charge sheet, deposition
of witness, entry in Register of Power of
attorney, notice under Section 107 of CrPC,
record of information under Section 145 of
CrPC.
Some examples of private documents are
salary slips, unregistered will, registered
sale deed, memorandum, documents kept
by post, and telegram office.