Documentary Evidence – Indian Evidence Act, 1872

In Indian evidence law, documentary evidence plays a crucial role in the adjudication of cases. Here are some key aspects:

1. Definition:

Document is defined under Section 3 of the Indian Evidence Act, 1872. It includes any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

2. Admissibility:

Documentary evidence must meet certain criteria to be admissible in court. It must be relevant to the matter in issue, it should be authenticated (verified to be genuine), and it should not fall under any of the exceptions mentioned in the Evidence Act.

3. Primary and Secondary Evidence:

The Evidence Act makes a distinction between primary and secondary evidence. Primary evidence refers to the original document itself, while secondary evidence refers to copies or duplicates of the original document. Generally, courts prefer primary evidence, but secondary evidence is admissible under certain circumstances, such as when the original document is lost or destroyed.

4. Public and Private Documents:

Documents are further classified as public and private. Public documents are those which are made by a public officer in the discharge of his official duty, or by any other person in performance of a public duty. Private documents are those which are not public documents.

5. Presumption as to Documents:

The Evidence Act contains provisions regarding the presumption as to certain documents. For example, there is a presumption of genuineness of documents 30 years old or more, when they are produced from proper custody.

6. Cross-Examination and Examination-in-Chief:

Documentary evidence is usually admitted during the examination-in-chief of a witness. The opposing party has the right to cross-examine the witness regarding the document.

7. Expert Opinion:

In some cases, the court may require the opinion of an expert to interpret or analyze a document. The opinion of an expert can be admitted as evidence under certain conditions.

These are some of the key aspects of documentary evidence in Indian evidence law. It’s important to consult the specific provisions of the Indian Evidence Act and relevant case law for a comprehensive understanding.