Definition and Legal Basis
A public document is a record made by a public authority or official in the discharge of their official duties, intended to serve as evidence of the acts, transactions, or facts recorded therein. Under Section 74 of the Indian Evidence Act, 1872, public documents include documents forming acts of state, records of judicial or public officers, registers, and certified copies maintained in official custody. Public documents are considered highly credible, as they are created and preserved in the normal course of official duty, reducing the risk of fabrication or tampering.
Types of Public Documents
Public documents can be broadly classified into:
- Judicial Records: Orders, judgments, and decrees of courts, including proceedings under Sections 74–75 Evidence Act.
- Official Records: Registers, certificates, or accounts maintained by government offices, such as birth/death certificates, land records, or tax records.
- Executive Acts: Notifications, governmental circulars, or orders issued by competent authority.
- Certified Copies: True copies of judicial or official records, admissible under Sections 76–78 of the Evidence Act when originals are unavailable.
These documents serve as primary evidence of the facts they record, subject to authenticity verification.
Evidentiary Value and Admissibility
Public documents are presumed authentic and genuine, and courts rely on them to prove facts without requiring the testimony of the person who created them, unless authenticity is disputed. Sections 77–78 provide that certified copies of public documents are admissible in court. However, their evidentiary value may vary depending on accuracy, completeness, and proper maintenance. Public documents are particularly valuable in proving official acts, ownership, identity, or legal status in civil and criminal proceedings.
Real-Time Example
In a property dispute, a plaintiff produces the original land registry record maintained by the local revenue office. This record, classified as a public document under Section 74, establishes ownership and boundaries of the property. The defendant challenges the claim, but the court admits the official land record as credible evidence. Since it is a public document, no further witness is required to prove its authenticity, and it forms the primary basis for the court’s decision.
Mnemonic to Remember
Mnemonic: “P-U-B-L-I-C”
- P – Public Authority: Created by official/public officer.
- U – Under Official Duty: Prepared in the course of duty.
- B – Bound to Record Acts: Records acts, transactions, or facts.
- L – Legal Recognition: Recognized under Sections 74–78.
- I – Integrity Presumed: Presumed genuine and authentic.
- C – Certified Copies Admissible: True copies valid if originals unavailable.
About lawgnan
To understand how public documents play a crucial role in proving ownership, identity, legal status, and official acts, explore detailed explanations and case-based notes on Lawgana.in. Our platform offers clear, structured, and exam-focused legal content designed for law students, judiciary aspirants, and professionals. Whether you want simplified notes on the Evidence Act or practical insights for drafting and litigation, Lawgana.in provides reliable and accessible learning resources. Visit Lawgana.in today to deepen your understanding of public documents, certified copies, and evidentiary rules that shape courtroom decisions.
