Under the Indian Evidence Act, 1872, documents are broadly classified into two categories: public documents and private documents. The Act distinguishes between these two types of documents based on their nature, origin, and mode of custody.
Public Documents
Public documents, as defined in Section 74 of the Indian Evidence Act, include the following:
- Documents forming the acts, records, or proceedings of a government office, legislative, judicial, or executive authority: This includes documents issued by public officials or authorities, such as court judgments, government orders, notifications, and official reports.
- Public records kept in any state of India: This includes documents maintained by public offices or authorities, such as land records, birth certificates, marriage certificates, or registers maintained by government departments.
- Records of private bodies that are required by law to be kept and inspected by the public: This includes records kept by institutions or bodies that are required to make them accessible for public inspection, such as certain statutory registers or records maintained by corporations or universities.
Public documents are presumed to be genuine and accurate without requiring further proof of their authenticity. Certified copies of public documents are admissible as evidence under Section 77 of the Indian Evidence Act.
Private Documents
Private documents, as defined in Section 75 of the Indian Evidence 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.