public and private documents under indian evidence act pdf

Public And Private Documents Under Indian Evidence Act Pdf

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Published: 27.05.2021

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Presumption raised under the Statute only has an evidentiary value. The presumption is of two types-. Shall presume. The following sections of Evidence Act, provides that the Court shall presume as proved-. Presumption as to genuineness of certified copies.

Section 75 of the Indian Evidence Act says that all other documents other than public documents are private documents. Public documents are prepared by public servants while discharging their official or public duty. Private documents are those documents that are prepared by a person in his private interest and right. Public documents are available for inspection to the public in public office during the official time after the prescribed fee. Example: Concerned parties of the case may inspect the copy of the judgement. Private documents are kept in the custody of the person to whom it belongs , and it is not available for inspection to the general public. The secondary copy of public documents is to be admitted in judicial proceedings.

E-Evidence in India

In this article he has tried to explain about public documents, private documents and the difference between them under the Indian Evidence Act, There are two types of evidence, i. Primary evidence is defined in section 62 of the Indian Evidence Act which states that the primary evidence is the best available proof of the existence of an object or a fact because it is the actual document or the authentic source of evidence. If primary evidence is available to a party, then that person must offer it as evidence in the court. Subsequently, if primary evidence is not available due to the loss or destruction of the same, then the party may present a reliable substitute of it. Click Here.

Indian Evidence Act

In this article we can learn about the provisions of law of evidence applicable with Taxation laws. The Indian evidence act is the most important pillar amongst all the laws. It has been enacted to reveal the object behind a particular act committed. One of the main objects of the Indian evidence act is to prevent the inaccuracy in the admissibility of evidence and to introduce a more correct and uniform rule of practice.

State of Himachal Pradesh [2] required reconsideration in view of the three-judge bench judgment in Anvar P. Under Section 65B 1 , notwithstanding anything contained in the Evidence Act, any information contained in an electronic record, which is printed on paper, stored, recorded or copied in optical or magnetic media produced by a computer is deemed to be a document under the Evidence Act , if the conditions mentioned in Section 65B 2 are satisfied. If the conditions under Section 65B 2 are satisfied, the paper on which the information contained in an electronic record is printed, or the optical or magnetic media produced by the computer in which such information is stored, recorded or copied, shall be admissible in any proceedings, without proof or production of the original, as evidence of any contents of the original or of any fact stated therein, of which direct evidence would be admissible..

Public Documents

7 Differences Between Public and Private Documents

Justice P. Dixit, Law Commission of India, on January 10, January 10, Toggle navigation. My Dear Minister, I send herewith the Eighty-eighth Report of the Law Commission on Government Privilege from production of certain documents and disclosure of certain communications before the courts.

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Section 74 (2) of the Indian Evidence Act, states that the private documents though made by an individual person but it is kept as records in.



The Indian Evidence Act , [1] originally passed in India by the Imperial Legislative Council in , during the British Raj , contains a set of rules and allied issues governing admissibility of evidence in the Indian courts of law.



Evidence may be given of facts in issueand relevant facts. 6. Relevancyof facts Proof of document not required by law to be attested. 7a. The accession and the sign'manual of the. Sovereign Public records kept in British India of private.


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