Public And Private Documents Under Indian Evidence Act Pdf
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- PUBLIC AND PRIVATE DOCUMENT UNDER INDIAN EVIDENCE ACT
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PUBLIC AND PRIVATE DOCUMENT UNDER INDIAN EVIDENCE ACT
Section 75 of the Indian Evidence Act says that all other documents other than public documents are private documents. 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.
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.
The secondary copy of public documents is to be admitted in judicial proceedings. As per section 65 e of Evidence Act , a certified copy of the public document is admissible in court. Before proving private documents, one of the conditions laid down under section 65 is to be fulfilled else it cannot be admitted in judicial proceedings. 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. Section 79 of the Evidence Act 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. 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 of CrPC , record of information under Section of CrPC.
Some examples of private documents are salary slips, unregistered will, registered sale deed, memorandum, documents kept by post, and telegram office. Subhash Chandra Agarwal SC. An application was made by a citizen seeking to know whether judges of the Supreme Court and High Court were filing their assets declarations in accordance with the resolution of the Supreme Court. The court held that all information available with the public authorities is covered by the RTI Act, being public documents.
In this case, Gujarat High Court held that a private Waqf deed , which is recorded in the office of sub-registrar, is a public document. There are amazing law quotes on our Twitter and Instagram. My name is Ankur. I am a law graduate. I was my college topper for five years. The main motive was to make a modern law website that is clean, comfortable, and has few ads.
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The Indian Evidence Act ,  originally passed in India by the Imperial Legislative Council in , during the British Raj , contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law. The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Until then, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different people depending on caste, community, faith and social position. The Indian Evidence Act introduced a standard set of law applicable to all Indians. The law is mainly based upon the firm work by Sir James Fitzjames Stephen , who could be called the founding father of this comprehensive piece of legislation.
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Section 75 of the Indian Evidence Act says that all other documents other than public documents are private documents. 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. 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.
State of Himachal Pradesh  required reconsideration in view of the three-judge bench judgment in Anvar P. Under Section 65B 1 , notwithstanding anything contained in the Evidence Act, any information contained in an electronic record, which is printed on paper, stored, recorded or copied in optical or magnetic media produced by a computer is deemed to be a document under the Evidence Act , if the conditions mentioned in Section 65B 2 are satisfied.
Indian Evidence Act
Justice P. Dixit, Law Commission of India, on January 10, January 10, Toggle navigation. My Dear Minister, I send herewith the Eighty-eighth Report of the Law Commission on Government Privilege from production of certain documents and disclosure of certain communications before the courts.
In this article he has tried to explain about public documents, private documents and the difference between them under the Indian Evidence Act, There are two types of evidence, i. Primary evidence is defined in section 62 of the Indian Evidence Act which states that the primary evidence is the best available proof of the existence of an object or a fact because it is the actual document or the authentic source of evidence.
Presumption raised under the Statute only has an evidentiary value. The presumption is of two types-. Shall presume. The following sections of Evidence Act, provides that the Court shall presume as proved-. Presumption as to genuineness of certified copies.
The government agencies are opening up to introduce various governance policies electronically and periodical filings to regulate and control the industries are done through electronic means. The Court continue to grapple with this new electronic frontier as the unique nature of e-evidence, as well as the ease with which it can be fabricated or falsified, creates hurdle to admissibility not faced with the other evidences. Thus, the intention of the legislature is explicitly clear i.