What is Public documents Private documents Certified copies of public documents Section 74, 75 and 76 of Indian Evidence Act 1872

Public documents, Private documents and Certified copies of public documents are defined under section 74, 75 and 76 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 74 of Evidence Act "Public documents"

The following documents are public documents :-
(1) 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 executive, [of any part of India or of the Commonwealth ] or of a foreign country;

(2) Public records kept [ in any State ] of private documents.


 

Section 75 of Evidence Act "Private documents"

All other documents are private

 

Section 76 of Evidence Act "Certified copies of public documents"

Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefore, together with a certificate written at the foot of such copy that it is a true copy of such document of part thereof, as the case may be, and such certificate shall be dated and subscribed by such document of part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.

Explanation Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.