Public and private documents
Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 deals with public and private documents. The following documents are public documents:-- (a) documents forming the acts, or records of the acts-- (i) of the sovereign authority; The Act came into force on 01 Jul 2024.
(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.
Section 74, The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023).
Replaces a provision of the Indian Evidence Act
IEA 74 Public documents Close, with changes 84%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Anita Malhotra v. Apparel Export Promotion Council
Decided under Indian Evidence Act 74, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgment of Main Case order-6.pdf 2011-11-08 (not same-date order-7 ROP). Crl A 2010. A certificate of incorporation is a public document under IEA 74/78; its certified copy proves the company's status without calling a witness. Map iea 74 and successor bsa 74 (public and private documents).
On this section: Successor of IEA 74 (mapping.csv close; BSA 74 is 'Public and private documents'). Public-document teaching on a certificate of incorporation carries to BSA 74.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 74
What have the courts held on Section 74 of the Bharatiya Sakshya Adhiniyam?
Anita Malhotra v. Apparel Export Promotion Council (08 Nov 2011) is the leading judgment on this section among those set out below, though it was decided under IEA 74, which this section replaced -- the court never mentioned this Act: Successor of IEA 74 (mapping.csv close; BSA 74 is 'Public and private documents'). Public-document teaching on a certificate of incorporation carries to BSA 74.
How do I find court cases under Section 74 of the Bharatiya Sakshya Adhiniyam?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BSA 74, section 74 BSA, section 74 of the Bharatiya Sakshya Adhiniyam. People searching for it also type bsa troop 74 and bsa 351 74 sm. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Anita Malhotra v. Apparel Export Promotion Council (08 Nov 2011).
What should I read with Section 74 of the Bharatiya Sakshya Adhiniyam, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward IEA 74 (Public documents), so the judgments decided under that provision are the case law on this one.
When did Section 74 of the Bharatiya Sakshya Adhiniyam come into force?
Section 74 of the Bharatiya Sakshya Adhiniyam, cited as BSA 74, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1128 words
- 12. Facts showing existence of state of mind, or of body or bodily feeling1076 words
- 95. Exclusion of evidence of oral agreement815 words
- 2. Definitions794 words
- 6. Motive, preparation and previous or subsequent conduct773 words
- 63. Admissibility of electronic records764 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.