Critical Study of Public and Private Documents under BSA, 2023
CRITICAL STUDY OF PUBLIC AND PRIVATE DOCUMENTS UNDER BHARATIYA SAKSHYA
ADHINIYAM, 2023
1. INTRODUCTION
The concept of documentary evidence plays a vital role in the adjudication process. With the
enactment of the Bharatiya Sakshya Adhiniyam (BSA), 2023, replacing the Indian Evidence Act of
1872, a more modern and technology-aligned framework has emerged. This assignment focuses on
a critical study of public and private documents as categorized under the BSA.
2. OVERVIEW OF BHARATIYA SAKSHYA ADHINIYAM, 2023
The Bharatiya Sakshya Adhiniyam was introduced to consolidate and amend the law of evidence in
India. One of the core objectives of BSA is to incorporate electronic records and simplify evidentiary
processes in light of technological developments.
3. DEFINITION OF DOCUMENTS
Section 2(1)(d) of the BSA defines document broadly to include electronic and digital records. This
inclusive definition paves the way for both traditional and contemporary forms of documentation to
be recognized in courts.
4. PUBLIC DOCUMENTS SECTION 74
Section 74 of BSA classifies documents into two categories:
- Public Documents [Section 74(1)]
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Critical Study of Public and Private Documents under BSA, 2023
- Private Documents [Section 74(2)]
Public documents include:
- Acts of sovereign authorities and public officials
- Judicial and legislative records
- Public records kept in state or union territories
These documents are generally presumed to be genuine unless proven otherwise.
5. PRIVATE DOCUMENTS
Private documents refer to those that are not public. These include:
- Contracts
- Agreements
- Business correspondence
- Personal letters
- Wills
Unlike public documents, private documents need to be proven and authenticated by the party
relying on them.
6. LEGAL PRESUMPTIONS
Public documents carry a legal presumption of authenticity under BSA. They are admissible without
formal proof. However, private documents must be proved by oral or circumstantial evidence or
verified by attesting witnesses.
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Critical Study of Public and Private Documents under BSA, 2023
7. BURDEN OF PROOF
The burden of proof differs based on the nature of the document. For public documents, once
produced from proper custody, the burden is low. For private documents, the proponent must prove
execution and authenticity.
8. CERTIFIED COPIES
Certified copies of public documents are admissible as secondary evidence. This principle ensures
that even in the absence of the original, the contents of the public document can be proved.
9. ELECTRONIC RECORDS
BSA 2023 recognizes the importance of digital records and gives them the same legal validity as
physical documents. This is crucial in the modern era where most transactions and communications
are digital.
10. CASE LAWS AND JUDICIAL INTERPRETATION
Although BSA is new, judicial principles under the earlier Evidence Act are relevant. Courts have
consistently upheld the evidentiary value of certified public documents and demanded stricter proof
for private ones.
11. COMPARATIVE ANALYSIS
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Critical Study of Public and Private Documents under BSA, 2023
| Feature | Public Document | Private Document |
|----------------------|------------------------------------|-------------------------------------|
| Definition | Issued by public authority | Created by individuals/entities |
| Legal Presumption | Yes | No |
| Need for Proof | Minimal | Must be proved |
| Examples | FIR, Land Records, Judgments | Contracts, Letters, Emails |
12. CRITICAL EVALUATION
The BSA provides clarity and strengthens the role of documentation in judicial processes. The
differentiation helps streamline procedures and reduce litigation delays. However, challenges like
document forgery and misuse of electronic evidence persist.
13. ROLE IN JUDICIAL SYSTEM
Accurate documentation is crucial for justice. Public documents ensure transparency, while private
documents reflect individual rights and obligations. The balance maintained under BSA enhances
the evidentiary framework.
14. MODERN CHALLENGES
- Forgery and falsification
- Cybercrime and digital evidence tampering
- Need for advanced authentication methods
15. SUGGESTIONS FOR IMPROVEMENT
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Critical Study of Public and Private Documents under BSA, 2023
- Stronger digital infrastructure for maintaining public records
- Digital signature enforcement for authenticity
- More awareness on admissibility of digital documents
16. CONCLUSION
BSA 2023 marks a progressive shift in Indian evidentiary law. The distinction between public and
private documents, the inclusion of electronic records, and simplified procedures mark a step
towards a transparent and efficient legal system.
17. REFERENCES
- Bharatiya Sakshya Adhiniyam, 2023 (India Code)
- Legal commentaries on Indian Evidence Law
- Supreme Court and High Court judgments
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