Section 74 Bharatiya Sakshya Adhiniyam, 2023: Public and private documents

Section 74 of Bharatiya Sakshya Adhiniyam, 2023: Public and private documents

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) The following documents are public documents:—

(a) documents forming the acts, or records of the acts—

(i) of the sovereign authority;

(ii) of official bodies and tribunals; and

(iii) of public officers, legislative, judicial and executive of India or of a foreign country;

(b) public records kept in any State or Union territory of private documents.

(2) All other documents except the documents referred to in sub-section (1) are private.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 74

Section 74 provides the statutory classification of Public and Private Documents, defining public documents as those forming the acts or records of acts of the sovereign authority, official bodies, tribunals, and public officers.

Public Documents Definition: Documents forming the acts or records of acts of: (1) Sovereign authority, (2) Official bodies and tribunals, and (3) Public officers, legislative, judicial, and executive of India or a foreign country.
Public Records of Private Documents: Encompasses registered sale deeds, wills, and trusts entered in books kept by Sub-Registrars under the Registration Act, 1908.
All Other Documents Private: Every document not qualifying as a public document is statutorily classified as a private document.

Key Landmark Precedents:

Khatri (II) v. State of Bihar (1981) 2 SCC 493 (Bhagalpur Blinding Case): The Supreme Court held that police case diaries and commission reports are official documents, examining the boundary between public records and confidential administrative files.
State of Bihar v. Radha Krishna Singh (1983) 3 SCC 118: Held that a record of a private deed kept in a registration office is a public document under Section 74, but does not dispense with proving execution of the original private deed.

Courtroom Practice & Strategic Litigation Guidance:

Remember the critical distinction: the entry in Book 1 of the Sub-Registrar's office is a public document under Section 74, but the underlying sale deed or power of attorney is a private document whose execution must still be proved under Section 65 BSA.