Section 74 IEA: Public documents

Indian Evidence Act, 1872

Section 74 IEA at a Glance

Section 74 IEA deals with public documents. From 1 July 2024 it is replaced by Section 74(1) BSA.

Now BSA

Section 74(1) →

Section 74 IEA Bare Act Text

74. Public documents

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.

Source: Section 74, Indian Evidence Act, 1872

Section 74 IEA in Simple Words

Section 74 of the Indian Evidence Act, 1872 defines which documents are public documents. It groups public documents into records of official acts and public records built from private documents.

Under Section 74(1) IEA, 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 any part of India, from the Commonwealth, or from a foreign country.

Under Section 74(2) IEA, public records of private documents that are kept in any State also count as public documents.

When Section 74 IEA Applies

  • Under Section 74(1)(i) IEA, a document that forms the act, or the record of the act, of the sovereign authority is a public document.
  • Under Section 74(1)(ii) IEA, 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)(iii) IEA, a document that forms the act, or the record of the act, of public officers in legislative, judicial, and executive roles from any part of India, from the Commonwealth, or from a foreign country is a public document.
  • Under Section 74(2) IEA, public records of private documents that are kept in any State are public documents.

Example of Section 74 IEA

In 2021, Anita brings a court judgment and a State registry record of a private sale deed before a court in Chennai. Anita asks the court to treat the judgment and the State registry record as public documents. Under Section 74(1)(iii) IEA, the judgment is a record of the act of a judicial public officer in India. Under Section 74(2) IEA, the State registry record of the private sale deed is a public record of a private document kept in a State, so the court treats the judgment and the State registry record as public documents.

Section 74 IEA in the BSA

Section 74 IEA is now covered under Section 74(1) BSA.

Section 74(1) 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).

View detailed comparison (IEA 74 vs BSA 74(1)) →

FAQs on Section 74 IEA

What is Section 74 IEA?▼

Section 74 of the Indian Evidence Act, 1872 defines which records count as public documents. It covers acts and records of acts made by the sovereign authority, by official bodies and tribunals, and by legislative, judicial, and executive public officers, along with public records of private documents kept in any State.

Are records of foreign public officers treated as public documents under Section 74 IEA?▼

Yes. Under Section 74(1)(iii) IEA, acts and records of acts made by legislative, judicial, and executive public officers from any part of India, from the Commonwealth, or from a foreign country are public documents.

Can a public record of a private document be a public document under Section 74 IEA?▼

Yes. Under Section 74(2) IEA, public records of private documents that are kept in any State are public documents.

What is Section 74 IEA in BSA?▼

Section 74(1) BSA. Section 74 IEA became Section 74(1) BSA on 1 July 2024, covering public officers from India or a foreign country rather than from any part of India or the Commonwealth, and extending public records of private documents to any State or any Union territory. Section 75 IEA became Section 74(2) BSA.

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

Sources: Bare Act Text, Indian Evidence Act, 1872 ·