Indian Evidence Act- Public Document (Section 74 to 78)

Public Document

Section 74- Public documents

Section 74 defines the public documents. In earlier section, section 63 specifically we have said that content of public documents can be proved by certified copies. This section provides what public documents really mean.

This section states what all kind of documents are included in public document category. Below is the list

<![if !supportLists]>1.   <![endif]>Documents forming the act or records of the acts (Records of work of below people)

<![if !supportLists]>·        <![endif]>Of the sovereign authority (Typically government)

<![if !supportLists]>·        <![endif]>Acts and records of official bodies and tribunals

<![if !supportLists]>·        <![endif]>Records of public officers, legislative, judicial and executive, of any part of Indian or of foreign country

<![if !supportLists]>2.   <![endif]>It also includes public records kept in any state of private documents

Below are some examples

<![if !supportLists]>·        <![endif]>Official proclamation

<![if !supportLists]>·        <![endif]>Governmental gazette

<![if !supportLists]>·        <![endif]>Enactments and government notification

<![if !supportLists]>·        <![endif]>Field book (Khasra)

<![if !supportLists]>·        <![endif]>Documents of the act of police officers

<![if !supportLists]>·        <![endif]>Decrees passed by court

<![if !supportLists]>·        <![endif]>Confession in the court

<![if !supportLists]>·        <![endif]>Permit issues under Motor Vehicle Act

<![if !supportLists]>·        <![endif]>Birth and Death certificate

Clause 2 states that private documents kept as public document also are public documents.

Section 75- Private documents

Section states that all documents except public documents are private documents.

For example license, post mortem report, sale deed, plaint, IT return etc.

 

Section 76- Certified copies of public documents

Each public document belonged to some public office. Public officer who have custody of such document is under obligation to provide certified copies of such document on payment of certain legal fees.

Public officer will mention that it is a true copy of document. Certified copy will also contain date and seal of the officer.

This section only states procedure of giving certified copies.

Section 77- Proof of documents by production of certified copies

When content of any documents needed to be proved, then original need not be produced. You can also prove by certified copy of that document.

Section 78 Proof of other official documents

In some cases certified copy is not mandatory.  There are six kinds of documents referred in Section 78.

<![if !supportLists]>1)   <![endif]>Acts and Notification

<![if !supportLists]>2)   <![endif]>Proceedings of the legislature

<![if !supportLists]>3)   <![endif]>Proclamations, order and regulation

<![if !supportLists]>4)   <![endif]>Proceedings of municipal Bodies

<![if !supportLists]>5)   <![endif]>Public documents of any other class in foreign country.