BSA Section 74 — Public and private documents

Summary

Sub-section (1) lists the documents that count as public documents. Under clause (a), this includes documents that form the acts, or records of the acts, of three kinds of authorities: (i) the sovereign authority; (ii) official bodies and tribunals; and (iii) public officers who are legislative, judicial, or executive in India or in a foreign country. Under clause (b), public records kept in any State or Union territory that contain private documents are also treated as public documents.

Sub-section (2) states that every document that is not covered by sub-section (1) is a private document.

Official Text

(1) The following documents are public documents:—

(a) documents forming the acts, or records of the acts—

(i) of the sovereign authority;

(ii) of official bodies and tribunals; and

(iii) of public officers, legislative, judicial and executive of India or of a foreign country;

(b) public records kept in any State or Union territory of private documents.

(2) All other documents except the documents referred to in sub-section (1) are private.

Referred to by

• BSA §48 — Evidence of character or previous sexual experience not relevant in certain cases
• BSA §60 — Cases in which secondary evidence relating to documents may be given

Old <-> New Code Mapping

• IEA §74 — Public and private documents
• IEA §75 — Public and private documents