Section 74 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 74 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in clear and simple English:
๐ Section 74: Public and Private Documents
Section 74 distinguishes between public and private documents, which is crucial for determining how documents can be used as evidence in legal proceedings.
๐๏ธ What Are Public Documents?
According to Section 74(1), the following documents are considered public documents:
Documents Forming the Acts or Records of Acts:
Sovereign Authority: Documents that record the actions or decisions of the government or state authority.
Official Bodies and Tribunals: Records from bodies like legislative assemblies, courts, or tribunals.
Public Officers (Legislative, Judicial, Executive): Documents created by public officials in their official capacity, whether in India or a foreign country.(taxguru.in, law4u.in)
Public Records Kept in Any State or Union Territory of Private Documents:
This refers to records maintained by government authorities that contain private documents, such as land records or birth and death registries.
๐ What Are Private Documents?
Section 74(2) states that any document not falling under the categories mentioned in Section 74(1) is considered a private document.
โ๏ธ Importance in Legal Proceedings
Understanding the distinction between public and private documents is essential because:
Public Documents: These are generally considered authentic and can be used as evidence without the need for further proof of their authenticity.
Private Documents: These may require additional evidence or authentication to be admissible in court.
๐งพ Practical Examples
Public Document Example: A government-issued land registry document is a public document because it records the act of a public officer in the executive branch of the government.
Private Document Example: A personal agreement between two individuals regarding a property transaction is a private document and may require additional evidence to be admissible in court
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