Documents area unit classified into 2 categories: public and personal documents. once we observe the significant price of a document the primary factor that involves mind is that the Indian proof Act, 1872 that lays down the fundamental rules governing the evidentiary price of documents admissible before Court. However, there area unit alternative acts that observe whether or not a document is admissible in court as proof. The proof Act approves 2 sorts of documents viz. Public documents and personal documents. As so much as public documents area unit involved, they're represented and listed underneath Section seventy four of the proof Act. except for the documents in Section seventy four all alternative documents area unit non-public documents. Documents forming the acts or records of the act of the sovereign authority, namely, the parliament and therefore the legislative assemblies, or of the official bodies and tribunals, and of public officers, legislative, judicial and government, of any a part of India or of the commonwealth, or of a far off country, area unit public documents. non-public documents that area unit registered within the public offices conjointly become public documents.
Indian proof Act, 1872
Section seventy four states that the subsequent documents area unit public documents.-
“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 government, (of any a part of India or of the Commonwealth), or of a far off country;
public records unbroken in any State of personal documents.”
Section seventy five provides that every one alternative documents area unit non-public documents.
This embryonic classification of public and personal documents as per the proof Act merely describes a personal documents as a document that is aside from a public document. Therefore, it's been left to the Courts to make your mind up which kind of documents constitutes a personal document through numerous judicial interpretations. The courts have conjointly enumerated underneath what circumstances a personal document is taken on as proof.
When will a personal Document Be Used As proof
The court answered the question of once a personal document is used as proof within the case of Smt. Rekha genus Rana And Ors. vs Smt. Ratnashree religion whereby it absolutely was control that a personal document can't be utilized in proof unless its execution is admitted by the party against whom it's supposed to be used, or it's established by proof that it's punctually dead. Due execution is proved by establishing that the signature (or mark) in token of execution was appendant to the document by the one that is explicit to possess dead the document. this is often usually done either
i. by examining the executants of the document; or
ii. by examining someone in whose presence the signature/mark was appendant to the document; or
iii. by referring the document to a specialiser and examining such expert; or
iv. by examining someone conversant in handwriting/signature of the one that is meant to possess written/signed the document; or
v. by requesting the Court to check the signature of the performer within the document with some admitted signature of the person shown as executants; or
vi. by proving admission by the one that is claimed to possess signed the document, that he signed it.
The Court has set down that a procurement deed may be a non-public document within the cases of Jagannatha Pershad Nigam v. Visheshwar Prasad , Bhagwat thermoplastic resin v. Man Singh [1986 (1) MPWN Item 59] and Gopal Sharma v. Savitri Hindu deity Ojha. However, such a procurement deed is admitted conspicuous as long as it's been dead. equally a title is additionally a personal document. However, a licensed copy of the title can't be admitted in proof of the dealings or the deed, unless more proof is given to prove due execution and attestation of the mortgage. A title may be a document requiring attestation underneath Section fifty nine of the Transfer of Property Act, whereas sale-deed isn't a document requiring attestation.
Justice Charanjit Talwar, of the metropolis supreme court, within the case of State vs Gian Singh, control that a post mortem report isn't a public document as envisaged underneath the proof Act. Further, a post mortem report since it's not a public document cannot quantity to proof of identity of the dead while not manufacturing the doctor conspicuous . And such a post mortem report is simply a substantive piece of proof.
Acts aside from proof Act
Moving outside the scope of the proof Act, the Food Safety and Standards Act, 2006 conjointly offers recognition to personal reports. Section forty four of the Act deals with “Recognition of organization or agency for food safety audit” and states that the Food Authority could acknowledge any organization or agency for the needs of food safety audit and checking compliance with food safety management systems needed underneath this Act or the foundations and rules created there underneath.
Thus, underneath this section any authority recognized by the Food Authority which supplies a report is admitted as proof, whether or not such AN authority is public or non-public.
In distinction to the present, Section forty three of constant Act states that the Food Authority could apprize food laboratories and analysis establishments authorised by National enfranchisement Board for Testing and activity Laboratories or the other enfranchisement agency for the needs of polishing off analysis of samples by the Food Analysts underneath this Act. Thus, implying that solely a laboratory authorised as mentioned higher than will submit a report for analysis of food therefore excluding a personal report from its orbit.
The Indian Law Reports Act, 1875 in section three give that a court isn't sure to hear a citation of a legal report “other than a report revealed underneath the authority of any State Government”. therefore as so much as proof of rulings of Indian courts area unit involved, it's a matter of authority and therefore the Indian Law Reports Act mandates the court verify a report solely revealed by a government. Thus, non-public law reports area unit clearly out of the question.
Section sixty of the Registration Act, 1908 deals with the Certificate of registration. Clause a pair of enumerates that the certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the aim of proving that the document has been punctually registered in manner provided by this Act.
Code of Criminal Procedure Act, 1973
Section 298, 331 and 337 of CrPC lay down bound cases wherever documents are going to be admissible as proof.
Section 298 talks regarding however a previous conviction or final judgment is proved .
In any inquiry, trial or alternative continuing underneath this Code, a previous conviction or final judgment is also proved , additionally to the other mode provided by any law for the nonce good, – (a) by AN extract certified underneath the hand of the officer having the custody of the records of the Court during which such conviction or final judgment was control, to be a duplicate of the sentence or order, or (b) just in case of a conviction, either by a certificate signed by the officer guilty of the jail during which the penalization or any half therefrom was undergone, or by production of the warrant of commitment underneath that the penalization was suffered, along side, in every of such cases, proof on the identity of the suspect person with the person therefore guilty or innocent .
As per sub clause of 331 that deals with “Resumption of inquiry or trial” once the suspect has been discharged underneath section 330, and therefore the sureties for his look turn out him to the officer whom the official or Court appoints during this behalf, the certificate of such officer that the suspect is capable of constructing his defense shall be owed conspicuous .
Under Section 337of CrPC if a lunatic captive is detained underneath the provisions of section 330 , and within the case of someone detained in an exceedingly jail, the Inspector-General of Prisons, or, within the case of someone detained in an exceedingly lunatic asylum, the guests of such asylum or any 2 of them shall certify that, in his or their opinion, such person is capable of constructing his defense, he shall be taken before the official or Court and therefore the certificate of such Inspector-General or guests as said shall be owed as proof.
Section 331 of CrPC thus permits the non-public report of the officer certifying that the suspect defense is received as proof. Even Section 337 permits a personal report of a traveler of AN asylum as admissible as proof.
To conclude, what constitutes a personal document is understood as set down in Section seventy five of the Indian proof Act. This browse along side judicial precedents during this regard offers an summary of documents that area unit non-public whose proof is taken on record. Further, it's pertinent in-tuned in mind that a personal document is admissible as proof as long as it's been dead. except for the proof Act, alternative legislations conjointly specify whether or not a personal report is admissible as proof or not.