Indian Evidence Law | Updated 20 October 2026
Section 75 of the Indian Evidence Act: Private Documents and the Current Law
Section 75 of the Indian Evidence Act, 1872 defined private documents in a single sentence. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the distinction between public and private documents is addressed in Section 74. This guide explains the statutory definition, common examples and how private documents are proved in court.
What did Section 75 of the Indian Evidence Act, 1872 say?
The complete text of the former provision, titled Private documents, was:
"All other documents are private."
Section 75 operated together with Section 74 of the Indian Evidence Act, which identified public documents. A document that did not fall within the statutory categories of public documents was treated as a private document.
Current provision: Section 74 of the Bharatiya Sakshya Adhiniyam, 2023
Section 74 is titled "Public and private documents". Sub-section (1) identifies public documents, including specified acts or records of acts of sovereign authorities, official bodies, tribunals and public officers, as well as public records kept in a State or Union territory of private documents. Sub-section (2) states:
"All other documents except the documents referred to in sub-section (1) are private documents."
The new provision therefore retains the substance of the former Section 75 definition while combining public and private document classification in one section.
Examples of private documents
- Private agreements and contracts between individuals or businesses.
- Personal letters, correspondence and privately maintained records.
- Unregistered sale agreements, receipts and acknowledgements executed by private parties.
- Private business accounts, invoices and internal records.
- Private electronic communications, subject to the rules governing electronic records.
Classification depends on the nature and custody of the particular record. A private instrument does not automatically become a public document merely because a copy is filed with or held by a public authority. The public record of that instrument may itself fall within the statutory public-document category.
Public documents versus private documents
| Issue | Public documents | Private documents |
|---|---|---|
| Statutory basis | Section 74(1), BSA 2023 | Section 74(2), BSA 2023 |
| Nature | Specified official acts, records and public records of private documents | Documents outside the statutory public-document categories |
| Typical example | Official court records or statutory registers, where covered by the definition | Private contract or personal correspondence |
| Proof | Relevant certified-copy and other evidentiary provisions may apply | Generally proved by admissible primary or secondary evidence, as applicable |
How are private documents proved in court?
Calling a document "private" does not make it inadmissible. The party relying on it must satisfy the applicable rules of relevance, admissibility, authenticity and proof. Depending on the case, this may involve:
- Producing the original: primary evidence is generally the ordinary mode of proving the contents of a document, subject to statutory exceptions.
- Establishing execution: signatures, handwriting and authorship may need to be proved; documents legally required to be attested may have additional requirements.
- Using secondary evidence: copies or other secondary evidence may be admitted where the applicable statutory conditions are met.
- Proving electronic records: digital material is subject to the BSA provisions on electronic or digital records, including Section 63 where applicable.
A private document is not automatically proved merely because it has been marked as an exhibit. The evidentiary requirements depend on the document and the facts in dispute.
Certified copies and public records of private documents
Under Section 75 of the BSA, 2023, the subject is now certified copies of public documents, rather than the former Section 75 definition of private documents. Section 76 addresses proof of documents by production of certified copies. These rules are important where a public officer maintains an official record of an otherwise private instrument.
For example, the registration record of a private deed may be a public record, even though the underlying transaction is private. Whether a certified copy proves a particular fact, and whether execution or contents require further proof, must be determined under the applicable law.
Frequently asked questions
Is Section 75 of the Indian Evidence Act still in force?
The Indian Evidence Act, 1872 was repealed by the Bharatiya Sakshya Adhiniyam, 2023, effective 1 July 2024. Section 170 contains savings for specified proceedings pending immediately before commencement.
Which section defines private documents under the BSA?
Section 74(2) of the Bharatiya Sakshya Adhiniyam, 2023. The former corresponding provision was Section 75 of the Indian Evidence Act, 1872.
Is every registered document a public document?
No. Registration and public-document classification are distinct questions. A public record of a private document can be a public document, while the underlying private instrument does not necessarily change its character.
Can a photocopy of a private document be used as evidence?
Potentially, but not automatically. The party must satisfy the applicable conditions for secondary evidence and prove any disputed matters such as authenticity or execution.
Official legal sources
Consult the India Code legislative database for the Bharatiya Sakshya Adhiniyam, 2023, and the Indian Evidence Act, 1872, including commencement, repeal and savings provisions. The e-Gazette of India provides official Gazette notifications. Always check the applicable statutory text and notifications for the date and proceeding concerned.
This article is general legal information and is not a substitute for advice on the facts of a particular case.