BSA Section 74: Public documents Public and private documents (formerly IEA 74 and IEA 75)

Bharatiya Sakshya Adhiniyam, 2023 · in force from 1 July 2024

BSA 74: Public documents Public and private documents

From 1 July 2024

(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.

What it replaced in the Evidence Act

BSA 74(1) ← IEA 74 · Public documentsChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: The words " and private" are added in the heading. The words "any part of" and "or of the commonwealth" are excluded.

Printed in both official correspondence tables (BPR&D and NCRB).

The following documents are public documents: ––

(1) 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 any part of India or of the Commonwealth], or of a foreign country;

(2) public records kept [in any State] of private documents.

IEA 74 on its own page →
BSA 74(2) ← IEA 75 · Private documentsChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: The words "or Union territory" and "except the documents referred to in sub-section (1)" are added.

Printed in both official correspondence tables (BPR&D and NCRB).

All other documents are private.

IEA 75 on its own page →

Which one applies

Under section 170(2) of the BSA, an application, trial, inquiry, investigation, proceeding or appeal already pending on 1 July 2024 is dealt with under the Evidence Act; one begun on or after that date, under the BSA.

Read BSA section 170 →

Judgments decided under IEA 74

They remain the law on IEA 74. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.