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Public and Private Documents

The document outlines the definitions and distinctions between public and private documents as per Sections 74 and 75 of the Evidence Act, 1872. Public documents include records from sovereign authorities and official bodies, while private documents encompass all other types of documents. The document emphasizes the need for certified copies for public documents and primary evidence for private documents, along with relevant case law references.

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152 views2 pages

Public and Private Documents

The document outlines the definitions and distinctions between public and private documents as per Sections 74 and 75 of the Evidence Act, 1872. Public documents include records from sovereign authorities and official bodies, while private documents encompass all other types of documents. The document emphasizes the need for certified copies for public documents and primary evidence for private documents, along with relevant case law references.

Uploaded by

sarasotibiswas30
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Public and Private Documents

📘 Relevant Provisions: Sections 74 & 75 of the Evidence Act, 1872

🔸 1. Public Documents – Section 74

✅ Definition:

The following are public documents:

1. Documents forming the acts or records of the acts:


o Of sovereign authority,
o Of official bodies and tribunals,
o Of public officers, legislative, judicial, or executive,
o Of Bangladesh or of any foreign country.
2. Public records kept in any State or public office of private documents.

📝 Examples:

 Judgments of courts
 Birth and death registers
 Gazette notifications
 Land records
 Police reports filed officially

📌 Key Point:

Public documents are authentic and can be proved by certified copies (Section 76).

🔸 2. Private Documents – Section 75

✅ Definition:

All documents other than public documents are private documents.

📝 Examples:

 Personal letters
 Sale deeds
 Rent agreements
 Business contracts
 Handwritten notes

📌 Key Point:

Private documents must be proved by primary evidence (original document) unless secondary
evidence is allowed under Sections 61–65.

🔍 Comparison Table:

Basis Public Document Private Document


Defined in Section 74 Section 75
Nature Acts/records of public authorities All other documents
Certified copy admissible (Sec. Requires primary or secondary
Proof
76–77) evidence
Court judgments, land records,
Examples Contracts, letters, personal deeds
gazettes
Presumption of
Yes, in some cases (e.g., Sec. 79) No such presumption
Genuineness

⚖️ Case Law Reference (Bangladesh):

 Abdul Khaleque vs. State, 14 DLR (SC) 92 – Court emphasized that certified copies of
public documents are admissible without formal proof.
 State vs. Mofizur Rahman, 39 DLR 405 – Held: private documents must be proved by
calling the author or proving handwriting.

✅ Conclusion:

Understanding the distinction between public and private documents is essential in evidence
law, especially in determining the mode of proof and presumptions related to them.

Let me know if you'd like a short Bengali version or MCQ-style practice questions on this topic.

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