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Private Document

Definition

Defined under BSA 2023 Section 75. All documents other than public documents (personal letters, agreements, diaries, cheques in the hands of a private holder).

Governing provision
BSA 2023 Section 75
Definition
Any document that is not a public document
Examples
Personal letters, agreements, diaries, private cheques
Contrast
Public documents are made by public officers or bodies

Common questions

How does classifying a document as private affect how it is proved in court?+

Private documents generally need to be proved by primary evidence, the original itself, or by calling a witness who can speak to its execution or authorship, whereas certified copies of public documents can often be admitted more easily under separate provisions.

Can a private document become admissible without the person who wrote it testifying?+

It can, in certain circumstances, such as through proof of handwriting or signature by another qualified witness, or through the electronic evidence certificate route for a digital private document, but the general rule still favours evidence from someone connected to its creation.

Related terms

Document
Any matter expressed or described upon any substance by means of letters, figures or marks intended to be used for the purpose...
Electronic Record
Data generated, sent, received, or stored by electronic means, including emails, call data records, server logs, database entries, CCTV footage, and documents...
Negotiable Instrument
Defined under the Negotiable Instruments Act 1881 Section 13. Promissory note, bill of exchange or cheque payable to order or bearer.
Public Document
Defined under BSA 2023 Section 74. Records of sovereign authority, official bodies and public officers of India or a foreign country; public...
Questioned Document (QD)
Any document whose authenticity, source, age, sequence of preparation or content is in dispute and requires examination by a forensic expert.
Security Feature
Engineered element of a document (watermark, security thread, microprinting, intaglio, optically variable ink, latent image, fluorescent fibres) that frustrates forgery and supports...
Standard or Exemplar
A document of known origin used for comparison with a questioned document. May be requested (taken under controlled conditions) or collected (from...
Watermark
A pattern formed in paper during manufacture by localised fibre-density variation on the Fourdrinier wire; visible in transmitted light as a lighter...

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