Indian evidence law | Updated 20 October 2026
Section 74 Evidence Act: Public Documents and the Bharatiya Sakshya Adhiniyam, 2023
Section 74 of the Indian Evidence Act, 1872 defined public documents. The corresponding provision in the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is Section 74, which now expressly classifies both public and private documents.
What is a public document?
A public document is a document falling within the categories prescribed by Section 74(1) of the BSA. The classification turns on the nature of the official act or public record, not merely on whether a document is accessible to the public.
Section 74 of Bharatiya Sakshya Adhiniyam, 2023
Public and private documents
Section 74(1)(a): Public documents include documents forming the acts, or records of the acts, of (i) the sovereign authority; (ii) official bodies and tribunals; and (iii) public officers exercising legislative, judicial or executive functions in India or a foreign country.
Section 74(1)(b): Public records kept in any State or Union territory of private documents are also public documents.
Section 74(2): All other documents, except those described in subsection (1), are private documents.
These provisions reproduce the operative categories in plain language. For the authoritative wording, see the official Act, Section 74.
Section 74 of the Indian Evidence Act, 1872
Under the earlier provision, the following were public documents:
(1) Documents forming the acts, or records of the acts, of:
- the sovereign authority;
- official bodies and tribunals; and
- 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.
The historical wording reflected amendments by the Adaptation of Laws Orders of 1948 and 1950. The earlier reference to the Commonwealth is not retained in the current BSA provision, which refers to India or a foreign country. The former Section 75 separately defined private documents; this distinction is now contained in BSA Section 74(2).
Examples of public documents
- Official orders and notifications: records of acts of competent public authorities.
- Court records: judicial orders, judgments and other official records of court proceedings, subject to applicable access and copying rules.
- Legislative records: records of legislative acts maintained by public authorities.
- Public registers: official registers and records kept by legally empowered officers.
- Records of registered private instruments: the public record maintained by the registration authority can be a public document, even though the original private instrument remains private.
Not every paper submitted to a government office becomes a public document in its original form. The statutory distinction between an original private instrument and the official record of that instrument matters when deciding what can be proved by a certified copy.
Certified copies and proof of public documents
Section 75 BSA governs certified copies. A public officer who has custody of a public document that a person is entitled to inspect must, on demand and payment of lawful fees, provide a copy certified as true, dated and signed with the officer's name and official title, and sealed where authorised.
Section 76 BSA permits certified copies to be produced to prove the contents of the public documents, or relevant parts of them, that they purport to reproduce. Section 78 BSA addresses the presumption as to genuineness of certain certified copies.
These rules do not mean that every certified copy conclusively establishes every disputed fact stated in it. Admissibility, authenticity, relevance and evidentiary weight may involve separate questions.
Public documents versus private documents
| Public document | Private document |
|---|---|
| Falls within Section 74(1) BSA | Falls within Section 74(2) BSA |
| May record an act of a sovereign authority, tribunal or public officer | Typically records a private transaction or communication |
| Certified-copy proof may be available under Sections 75 and 76, subject to law | Proof ordinarily follows the applicable rules for primary or secondary evidence |
| Example: an official court order | Example: an original privately executed agreement |
Practical points for court proceedings
- Identify whether the particular record meets Section 74(1), rather than assuming that all government-held documents qualify.
- Determine whether the requested record is open to inspection and which officer is authorised to issue certified copies.
- Obtain the certification required by Section 75 and verify that the copy is complete and legible.
- Consider Sections 76 to 79 and any special statute or procedural rules relevant to proof of the document.
- For older or pending matters, check the repeal and savings clause in Section 170 BSA before selecting the governing evidence statute.
Frequently asked questions
Is Section 74 of the Indian Evidence Act still in force?
The Indian Evidence Act, 1872 was repealed by the BSA with effect from 1 July 2024, subject to statutory savings. Section 74 of the BSA is the current corresponding provision.
Is a registered sale deed a public document?
The original deed is generally a private document. The official record maintained by the registration authority is treated differently under Section 74(1)(b). Whether a particular certified copy proves the matter in issue depends on the applicable rules of evidence.
Can certified copies be used in court?
Yes, where the statutory requirements apply. Sections 75 and 76 BSA regulate certified copies and their use to prove the contents of public documents.
Official legal reference
Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), India Code - official PDF. See especially Sections 74 to 79 and 170.
This article provides general legal information. Application to individual proceedings depends on the facts, procedural law and any applicable statutory savings.