Document

What is a Document?

A **document** in law is broadly defined as any matter expressed, described, or recorded upon any substance by means of letters, figures, marks, symbols, or any other means of representation. This definition is intentionally wide to encompass all forms of recorded information — from handwritten letters and printed contracts to photographs, maps, engravings, and electronic records.

In everyday terms, a document is anything on which information has been recorded in a form that can be read, seen, or otherwise understood — whether on paper, stone, metal, a computer, or any other medium.

Legal Definition

Section 3 of the Indian Evidence Act, 1872 / Section 2(1)(d) BSA

**Section 3 of the Indian Evidence Act, 1872** (now **Section 2(1)(d) of the Bharatiya Sakshya Adhiniyam, 2023**) defines "document" as:

> "Document means 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."

The definition then provides **illustrations** to show the breadth of the concept:

- A writing is a document.

- Words printed, lithographed, or photographed are documents.

- A map or plan is a document.

- An inscription on a metal plate or stone is a document.

- A caricature is a document.

Section 2(1)(t) of the Information Technology Act, 2000

With the advent of digital technology, the **Information Technology Act, 2000** expanded the concept of document to include **electronic records**:

**Section 2(1)(t)** defines "electronic record" as data, record, or data generated, image or sound stored, received, or sent in an electronic form or micro film or computer-generated micro fiche.

**Section 4** of the IT Act provides that where any law requires information to be in writing or in typewritten or printed form, such requirement shall be deemed to have been satisfied if the information is rendered or made available in an **electronic form** and is accessible for subsequent reference.

Classification of Documents

Public Documents — Section 74

**Section 74 of the Evidence Act** (now **Section 76 BSA**) defines public documents as:

1. Documents forming the acts or records of the acts of:

- The **sovereign authority** (Central or State Government).

- **Official bodies and tribunals**.

- **Public officers** — legislative, judicial, and executive.

2. **Public records** kept in India of private documents.

Examples include Acts of Parliament, court judgments, FIRs, government gazettes, land revenue records, birth and death certificates, and municipal records.

Private Documents — Section 75

**Section 75** (now **Section 77 BSA**) states that all documents other than public documents are **private documents**. These include personal letters, contracts between private parties, wills, sale deeds, partnership agreements, and private correspondence.

Primary Evidence — Section 62

**Section 62 of the Evidence Act** (now **Section 57 BSA**) defines primary evidence as the **original document** itself produced for the inspection of the court. Primary evidence is the best evidence of the contents of a document.

Secondary Evidence — Section 63

**Section 63** (now **Section 58 BSA**) defines secondary evidence to include:

- **Certified copies** issued under the provisions of law.

- **Copies made from the original** by mechanical processes (photocopies, carbon copies).

- **Copies compared with the original** and found correct.

- **Counterparts** of documents as against parties who did not execute them.

- **Oral accounts** of the contents of a document by a person who has seen it.

Secondary evidence is admissible only when the original (primary evidence) is unavailable under the conditions specified in **Section 65** (now **Section 60 BSA**).

Electronic Documents

**Section 65A and 65B of the Evidence Act** (now **Section 61 and 63 BSA**) provide for the admissibility of **electronic records** as evidence. A certificate under Section 65B (signed by a person in charge of the computer) must accompany electronic evidence to establish its authenticity.

The Supreme Court in **Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473** held that electronic records are admissible only if accompanied by a **Section 65B certificate**, making compliance with this provision mandatory.

When Does This Term Matter?

In Every Legal Proceeding

Documents are central to nearly every legal proceeding — whether civil or criminal. Courts rely on documents as evidence to establish facts, prove transactions, identify parties, and determine rights and obligations. The rules governing the admissibility, proof, and evidentiary value of documents are fundamental to litigation.

In Property Transactions

Property rights in India are established through documents — sale deeds, gift deeds, lease agreements, mortgage deeds, and title documents. The chain of title depends on the availability and authenticity of these documents. Registration and stamp duty laws apply specifically to documents that transfer property rights.

In Contract Disputes

Written contracts are documents that evidence the terms agreed upon by the parties. Under **Section 91 of the Evidence Act** (now **Section 92 BSA**), when the terms of a contract have been reduced to writing, no evidence shall be given in proof of the terms except the document itself. This is the **best evidence rule** or the **rule against oral evidence of written contracts**.

In Criminal Investigations

Documents play a crucial role in criminal cases — FIRs, panchnamas (seizure memos), confessional statements, forensic reports, postmortem reports, and medical records are all documents that form part of the prosecution's case. Forged documents are prosecuted under Sections 463-477A IPC (now Sections 336-346 BNS).

In Digital and Cyber Matters

With the increasing digitisation of records, electronic documents — emails, WhatsApp messages, social media posts, digital contracts, electronic banking records — are now routinely produced as evidence. Understanding the requirements of Section 65B (certificate for electronic evidence) is essential for any modern litigation practice.

Practical Examples

Sale Deed as Primary Evidence

In a property dispute, the plaintiff produces the original registered sale deed to prove ownership. The sale deed is primary evidence under Section 62. The defendant challenges the deed, alleging it is forged. The court orders the deed to be examined by a **handwriting expert** to verify its authenticity.

Electronic Evidence with Section 65B Certificate

In a cheque dishonour case (Section 138 NI Act), the complainant produces printouts of bank statements as evidence of the cheque being dishonoured. The printouts are accompanied by a **Section 65B certificate** signed by the bank's IT officer, certifying that the electronic records were produced by a computer in regular use. The court admits the printouts as valid documentary evidence.

Secondary Evidence When Original is Lost

A tenant claims rights under a lease agreement, but the original lease deed is lost in a fire. The tenant produces a **certified copy** obtained from the Sub-Registrar's office (where the lease was registered) as secondary evidence under Section 63, read with Section 65. The court admits the certified copy after the tenant demonstrates that the original was destroyed and the copy is authentic.

Frequently Asked Questions

Is a photocopy of a document admissible as evidence?

A photocopy is **secondary evidence** under Section 63 of the Evidence Act and is generally not admissible unless the party can show that the original (primary evidence) is **unavailable** under the circumstances specified in Section 65 — such as the original being lost, destroyed, in the possession of the opposing party, or when it would be impractical to produce the original. If these conditions are met, the photocopy can be admitted as secondary evidence.

Are WhatsApp messages and emails considered documents?

Yes. WhatsApp messages, emails, text messages, and social media posts are **electronic records** under the Information Technology Act, 2000, and are treated as documents under the Evidence Act. They are admissible as evidence subject to compliance with **Section 65B**, which requires a certificate authenticating the electronic record. Courts have increasingly accepted electronic communications as valid documentary evidence in both civil and criminal proceedings.

What is the difference between a public document and a private document?

A **public document** is one that forms part of official government records, court proceedings, or records maintained by public officers — such as judgments, FIRs, birth certificates, and land records. A **private document** is any document that is not a public document — such as personal letters, private contracts, and wills. The distinction matters for admissibility: certified copies of public documents are admissible as secondary evidence without proof of the original, while private documents generally require the original or strict compliance with secondary evidence rules.

Can a document be challenged as forged?

Yes. Any party can challenge a document by alleging that it is forged, fabricated, or tampered with. Under **Section 67 of the Evidence Act** (now **Section 69 BSA**), if a document is alleged to be signed or written by a particular person, the signature or handwriting must be proved. The court may order expert examination under **Section 45** (opinion of handwriting experts) and may send the document to a forensic laboratory. If the document is found to be forged, the person who fabricated it is liable for prosecution under Sections 463-471 IPC (Sections 336-340 BNS).