IPC Section 29: Meaning of Document, Illustrations and BNS Section 2(8)
Section 29 of the Indian Penal Code, 1860 defined a document broadly enough to cover information expressed through letters, figures or marks on any substance when it may be used as evidence. The Bharatiya Nyaya Sanhita, 2023 (BNS), now expressly includes electronic and digital records within its definition of document.
What is a document under IPC Section 29?
"The word 'document' denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter."
This is a functional definition. A document need not be a conventional sheet of paper: the important questions are whether matter is expressed or described in the prescribed way and whether it is intended or capable of being used as evidence of that matter.
Explanations and illustrations under IPC Section 29
Explanation 1: Method, material and courtroom use
"It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not."
The definition does not depend on the material used to create the writing or whether it was prepared specifically for litigation.
Statutory illustrations
- Contract: A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
- Cheque: A cheque upon a banker is a document.
- Power of attorney: A power of attorney is a document.
- Map or plan: A map or plan intended or capable of being used as evidence is a document.
- Instructions: A writing containing directions or instructions is a document.
Explanation 2: Meaning derived from usage
"Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed."
Statutory illustration: A signs the back of a bill of exchange payable to A's order. Under mercantile usage, the endorsement directs payment to the holder. The endorsement is a document and is construed as though words such as "pay to the holder" had been written above the signature.
BNS Section 2(8): Definition of document under current law
Section 2(8) of the Bharatiya Nyaya Sanhita, 2023 defines "document" as matter expressed, described or otherwise recorded upon any substance by letters, figures, marks or any other means, intended to be used or capable of being used as evidence of that matter, and includes electronic and digital records.
The BNS retains the basic evidentiary idea while using broader language that accommodates modern methods of recording information. Its explanations and illustrations address documents in their ordinary and commercial contexts.
IPC Section 29 and BNS Section 2(8): Key differences
| Aspect | IPC Section 29 | BNS Section 2(8) |
|---|---|---|
| Statute | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Form of recorded matter | Letters, figures or marks | Letters, figures, marks or any other means |
| Electronic and digital records | Electronic records separately addressed by IPC Section 29A | Expressly included within "document" |
| Evidence requirement | Intended or capable of use as evidence | Intended or capable of use as evidence |
| General application | Relevant to cases governed by the former Code | Definition under the new criminal code |
Are digital files, messages and electronic records documents?
Electronic records may fall within the BNS definition of document. Depending on the facts, examples may include emails, electronically stored agreements, digital invoices, computer records, messages and scanned files.
Definition is not the same as admissibility: Whether a particular electronic record can be proved or admitted in legal proceedings depends on the applicable evidence law, including the Bharatiya Sakshya Adhiniyam, 2023, and its requirements concerning electronic or digital records. Authenticity, integrity, relevance and prescribed proof requirements may all matter.
The separate page on IPC Section 29A - Electronic Record explains the earlier statutory cross-reference to the Information Technology Act.
Frequently asked questions
Is a cheque a document under IPC Section 29?
Yes. A cheque upon a banker is expressly identified in the statutory illustrations.
Is a map or plan a document?
Yes, where the map or plan is intended or capable of being used as evidence of the matter it depicts.
Does a document have to be written on paper?
No. IPC Section 29 does not restrict the material on which the relevant letters, figures or marks are formed. The BNS definition expressly extends to electronic and digital records.
What is the corresponding BNS provision for IPC Section 29?
BNS Section 2(8) is the current definition of "document". It is broader in its express treatment of electronic and digital records.
Does every electronic record automatically become admissible evidence?
No. The statutory definition of a document does not dispense with requirements of relevance, authenticity or proof under the applicable evidence law.
Official statutes and reference materials
- India Code - official repository of Indian legislation (search for the Indian Penal Code, 1860, and Section 29).
- Bharatiya Nyaya Sanhita, 2023 - Act 45 of 2023 (official PDF) (see Section 2(8)).
- Ministry of Home Affairs - New Criminal Laws.
- India Code - Information Technology Act, 2000 and Bharatiya Sakshya Adhiniyam, 2023.
Legal information only. The applicable law and proof requirements depend on the date of the alleged conduct and the circumstances of the case.