Bharatiya Sakshya Adhiniyam, 2023
BSA Section 74
Public and private documents
In one line
BSA Section 74 deals with public and private documents and replaces Evidence Act 74 (now 74(1)), Evidence Act 75 (now 74(2)).
Bare act text — BSA 74
74. Public and private documents.
(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 changed from the Evidence Act
- Evidence Act 74 → BSA 74(1): The words " and private" are added in the heading.
- Evidence Act 74 → BSA 74(1): The words "any part of" and "or of the commonwealth" are excluded.
- Evidence Act 75 → BSA 74(2): The words "or Union territory" and "except the documents referred to in sub-section (1)" are added.
Frequently asked
What was BSA Section 74 in the Evidence Act?
BSA Section 74 (Public and private documents) replaces Sections 74, 75 of the Indian Evidence Act, 1872. Evidence Act 74 is now BSA 74(1). Evidence Act 75 is now BSA 74(2).
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Nearby BSA sections
- BSA 69 — Admission of execution by party to attested document
- BSA 70 — Proof when attesting witness denies execution
- BSA 71 — Proof of document not required by law to be attested
- BSA 72 — Comparison of signature, writing or seal with others admitted or proved
- BSA 73 — Proof as to verification of digital signature
- BSA 75 — Certified copies of public documents
- BSA 76 — Proof of documents by production of certified copies
- BSA 77 — Proof of other official documents
- BSA 78 — Presumption as to genuineness of certified copies
- BSA 79 — Presumption as to documents produced as record of evidence, etc