Section 74 BSA: Public and private documents

Bharatiya Sakshya Adhiniyam, 2023

Section 74 BSA at a Glance

Section 74 BSA deals with public and private documents. It replaced Sections 74 and 75 IEA on 1 July 2024.

Was IEA

Section 74, Section 75 →

Section 74 BSA Bare Act Text

(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.

Source: Section 74, Bharatiya Sakshya Adhiniyam, 2023

Section 74 BSA in Simple Words

Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 divides all documents into public documents and private documents. Section 74(1) BSA lists which records are public documents, while Section 74(2) BSA states that every other document is private.

Under Section 74(1)(a) BSA, a document is a public document when it forms the act, or the record of the act, of certain authorities. This covers the sovereign authority (the supreme governing power of a state) as well as official bodies and tribunals (bodies that hear and decide disputes). It also covers public officers in legislative, judicial, and executive roles from India or from a foreign country.

Under Section 74(1)(b) BSA, public records of private documents kept in any State or any Union territory also count as public documents. Under Section 74(2) BSA, all documents outside the list in Section 74(1) BSA are private.

When Section 74 BSA Applies

  • Under Section 74(1)(a)(i) BSA, a document that forms the act, or the record of the act, of the sovereign authority is a public document.
  • Under Section 74(1)(a)(ii) BSA, a document that forms the act, or the record of the act, of official bodies and tribunals is a public document.
  • Under Section 74(1)(a)(iii) BSA, a document that forms the act, or the record of the act, of public officers in legislative, judicial, and executive roles from India or from a foreign country is a public document.
  • Under Section 74(1)(b) BSA, public records of private documents kept in any State or any Union territory are public documents.
  • Under Section 74(2) BSA, every document that is not listed in Section 74(1) BSA is a private document.

Example of Section 74 BSA

In September 2024, Farhan produces a Union territory land registry record of a lease deed and an unregistered personal letter in a court in Bengaluru. The court has to classify the registry record and the personal letter under Section 74 BSA. Under Section 74(1)(b) BSA, the land registry record is a public record of a private document kept in a Union territory, so it is a public document. Under Section 74(2) BSA, the unregistered personal letter does not fall under Section 74(1) BSA, so the court classifies the registry record as a public document and the personal letter as a private document.

Section 74 BSA in the IEA (Previous Law)

Section 74 BSA replaced Sections 74 and 75 IEA from 1 July 2024.

Section 74 of the Indian Evidence Act, 1872 became Section 74(1) of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. Public documents now cover acts of public officers "of India or of a foreign country", where the IEA said "of any part of India or of the Commonwealth, or of a foreign country". Public records of private documents now extend to any "State or Union territory". IEA Section 75 is now sub-section (2).

FAQs on Section 74 BSA

What is Section 74 BSA?▼

Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 defines public documents and private documents. Section 74(1) BSA lists the records that count as public documents, and Section 74(2) BSA states that all other documents are private.

Whose official acts count as public documents under Section 74(1)(a) BSA?▼

Acts of the sovereign authority, official bodies, tribunals, and public officers. Under Section 74(1)(a) BSA, documents that form the acts or the records of the acts of the sovereign authority, official bodies and tribunals, and legislative, judicial, and executive public officers from India or from a foreign country are public documents.

When does a record of a private document count as a public document under Section 74(1)(b) BSA?▼

When it is a public record kept in a State or a Union territory. Under Section 74(1)(b) BSA, public records of private documents kept in any State or any Union territory are public documents.

What is a private document under Section 74(2) BSA?▼

Every document outside Section 74(1) BSA. Under Section 74(2) BSA, all documents other than the public documents listed in Section 74(1) BSA are private.

What is Section 74 BSA in IEA?▼

Section 74 IEA and Section 75 IEA. On 1 July 2024, Section 74 IEA became Section 74(1) BSA and Section 75 IEA became Section 74(2) BSA. Section 74(1) BSA covers public officers from India or a foreign country instead of from any part of India or the Commonwealth, and extends public records of private documents to any State or any Union territory.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·