BSA Section 74: Public and private documents

Bharatiya Sakshya Adhiniyam, 2023 · Chapter 5: Of Documentary Evidence

74.
(1) The following documents are public documents:\u2014

(a) documents forming the acts, or records of the acts\u2014

(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.

Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.

Other sections in this chapter

56. Proof of contents of documents
57. Primary evidence
58. Secondary evidence
59. Proof of documents by primary evidence
60. Cases in which secondary evidence relating to documents may be given
61. Electronic or digital record
62. Special provisions as to evidence relating to electronic record
63. Admissibility of electronic records
64. Rules as to notice to produce
65. Proof of signature and handwriting of person alleged to have signed or written document produced
66. Proof as to electronic signature
67. Proof of execution of document required by law to be attested
68. Proof where no attesting witness found
69. Admission of execution by party to attested document
70. Proof when attesting witness denies execution
71. Proof of document not required by law to be attested
72. Comparison of signature, writing or seal with others admitted or proved
73. Proof as to verification of digital signature
75. Certified copies of public documents
76. Proof of documents by production of certified copies
77. Proof of other official documents
78. Presumption as to genuineness of certified copies
79. Presumption as to documents produced as record of evidence, etc
80. Presumption as to Gazettes, newspapers, and other documents
81. Presumption as to Gazettes in electronic or digital record
82. Presumption as to maps or plans made by authority of Government
83. Presumption as to collections of laws and reports of decisions
84. Presumption as to powers-of-attorney
85. Presumption as to electronic agreements
86. Presumption as to electronic records and electronic signatures
87. Presumption as to Electronic Signature Certificates
88. Presumption as to certified copies of foreign judicial records
89. Presumption as to books, maps and charts
90. Presumption as to electronic messages
91. Presumption as to due execution, etc., of documents not produced
92. Presumption as to documents thirty years old
93. Presumption as to electronic records five years old