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6 - Public Document and How They Are Proved

Public documents are official records prepared by public officers, such as birth certificates and court records, and are presumed to be true under Section 74 of BSA, 2023. They can be proved through certified copies, original documents, or secondary evidence if originals are unavailable. Important case laws affirm the presumption of authenticity and the equal weight of certified copies to originals in legal proceedings.

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453 views1 page

6 - Public Document and How They Are Proved

Public documents are official records prepared by public officers, such as birth certificates and court records, and are presumed to be true under Section 74 of BSA, 2023. They can be proved through certified copies, original documents, or secondary evidence if originals are unavailable. Important case laws affirm the presumption of authenticity and the equal weight of certified copies to originals in legal proceedings.

Uploaded by

Veena Murthy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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6 - Public Document and how they are proved

Meaning of Public Document

A public document is a document that is prepared or kept by a public officer in the course of their
official duties. Such documents are meant to record transactions or facts for public record.

Examples include:

 Birth and death certificates,


 Government orders,
 Official gazettes,
 Court records,
 Municipal records.

Under Section 74 of BSA, 2023, public documents enjoy a presumption of truth and are treated
differently from private documents in terms of proof.

How Public Documents are Proved

1. Primary Evidence - Certified Copies


o Certified copies issued by the public officer or authority concerned are treated as
primary evidence.
2. Presumption of Authenticity
o Public documents are presumed to be authentic and genuine unless proved
otherwise.
3. Proof by Production of Original or Certified Copies
o The original public document or certified copies must be produced to prove the
contents.
4. Notice for Production
o The party relying on the public document must give a reasonable notice to the
opposite party to produce the original if they possess it.
5. Official Seal and Signature
o The document must bear the official seal and signature to be considered valid.
6. Secondary Evidence Allowed
o If the original is lost or cannot be produced, secondary evidence like certified copies
or other authorized forms can be admitted.

Important Case Laws

**1. K.K Verma v. Union of India (1952)

The Court held that public documents, when produced in proper form, are entitled to a strong
presumption of truth and genuineness.

**2. State of Punjab v. Sodhi Sugar Ltd. (1969)

The Court ruled that certified copies of public documents carry the same weight as the originals
unless challenged successfully.

Conclusion

Under the BSA, 2023, public documents are given special status in evidence law. They are
presumed genuine and are proved primarily through certified copies or originals bearing official
seals and signatures. This simplifies proof in legal proceedings and helps in efficient
administration of justice.

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