Public and private documents under BSA (Bharatiya Sakshya Adhiniyam)
Bharatiya Sakshya Adhiniyam, 2023 (BSA), categorizes documents into two primary types: public and private.

In this article, we will study Sections 74 to 77 of BSA and will understand the differences between public and private documents.

Public Documents (Section 74 of BSA)

1. Definition:
   • Acts or records of sovereign authority.
   • Acts or records of official bodies and tribunals.
   • Acts or records of public officers, including legislative, judicial, and executive officials of India or foreign countries.
     
2. Public Records: Public records kept in any State or Union territory are also considered public documents.
    
3. Access to Public Documents: Section 75 of BSA mandates that every public officer having custody of a public document, which any person has a right to inspect, must provide a copy on demand, subject to legal fees. The copy is termed a certified copy and comes with a certificate affirming its accuracy.

Private Documents (Section 74 of BSA)

All documents other than those specified in Section 74(1) are considered private documents.

Certified Copies (Sections 75-76)

1. Certification Requirement: Section 75 of BSA requires public officers to provide certified copies of public documents upon request. These copies include a certificate, dated and subscribed by the officer, confirming its authenticity.
    
2. Usage in Proof: Certified copies of public documents can be produced as proof of the contents of the original public documents or parts thereof (Section 76 of BSA).

Methods of Proving Public Documents (Section 77 of BSA)

1. Acts, Orders, Notifications: Acts, orders, or notifications of the Central Government or State Government can be proven by records certified by the head of the respective departments or by documents printed by order of the government.
    
2. Proceedings of Parliament or State Legislature: These can be proven by journals, published Acts, abstracts, or copies printed by order of the concerned government.
    
3. Proclamations, Orders, or Regulations: Issued by the President of India or Governors can be proven by copies or extracts contained in the Official Gazette.
    
4. Foreign Documents: Acts of foreign countries can be proven by journals, copies under the seal of the country or sovereign, or by recognition in any Central Act.
    
5. Municipal or Local Body Proceedings: Proceedings of municipal or local bodies can be proven by certified copies or by printed books published by the authority of such bodies.
    
6. Foreign Public Documents: Public documents of other classes in foreign countries can be proven by the original or by certified copies with a certificate under the seal of a Notary Public or Indian Consul.

FAQs on Public and Private Documents under Bharatiya Sakshya Adhiniyam, 2023 (BSA)

1. What is the classification of documents under BSA? A1: BSA categorizes documents into two primary types: public and private.
    
2. How does BSA define public documents? A2: Section 74(1) of BSA defines public documents as acts or records of sovereign authority, official bodies and tribunals, and public officers, including legislative, judicial, and executive officials of India or foreign countries.
    
3. Are public records in a State or Union territory considered public documents? A3: Yes, public records kept in any State or Union territory are considered public documents (Section 74(2)).
    
4. What is the access to public documents according to BSA? A4: Section 75 of BSA mandates that every public officer having custody of a public document, which any person has a right to inspect, must provide a copy on demand, subject to legal fees. This copy is termed a certified copy.
    
5. What distinguishes private documents under BSA? A5: All documents other than those specified in Section 74(1) are considered private documents.
    
6. What is the certification requirement for public documents under BSA? A6: Section 75 of BSA requires public officers to provide certified copies of public documents upon request. These certified copies include a certificate affirming its accuracy.
    
7. How are certified copies of public documents used in proof? A7: Certified copies of public documents can be produced as proof of the contents of the original public documents or parts thereof (Section 76 of BSA).
    
8. How does BSA outline the methods of proving public documents? A8: Section 77 of BSA provides various methods for proving public documents. For example:
   • Acts, orders, or notifications can be proven by records certified by the head of the respective departments.
   • Proceedings of Parliament or State Legislature can be proven by journals, published Acts, abstracts, or copies printed by order of the concerned government.
   • Proclamations, orders, or regulations issued by the President of India or Governors can be proven by copies or extracts contained in the Official Gazette.
      
9. Can public documents of foreign countries be proven under BSA? A9: Yes, public documents of other classes in foreign countries can be proven by the original or by certified copies with a certificate under the seal of a Notary Public or Indian Consul (Section 77(f)).
    
10. Can individuals request certified copies of public documents under BSA? A10: Yes, individuals have the right to request certified copies of public documents from the custodian, as mandated by Section 75 of BSA.

Written By: Adv. Hinesh Navratan Rathod, Advocate ,B.Com-(Graduate), LL.B| Writer- Legal Article | Active in Politics|Human Rights Activist | Social Worker