Question

A Charge Sheet filed under S.173 of Cr.P.C is an example of

• A. Public document
• B. Private document
• C. Patent document
• D. Latent document

Hint:

As a rule of thumb, any document created by a public servant in their official capacity is a public document. Examples include FIRs, charge sheets, judgments and decrees of courts, land records (like a Record of Rights), and birth/death certificates. All other documents (like a private will, a sale deed between two individuals, or a personal letter) are private documents.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Indian Evidence Act, 1872, classifies documents into two types: public documents and private documents. This classification is important because the rules for proving them in court are different. For example, a certified copy can be used to prove a public document.
Step 2: Detailed Explanation:
Section 74 of the Indian Evidence Act, 1872, defines "Public documents". It states that the following are public documents:
(1) 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 any part of India or of the Commonwealth, or of a foreign country;
(2) Public records kept in any State of private documents.
A charge sheet (also known as the police report or final report) is a document prepared by a public officer (the investigating police officer) in the discharge of their official duty under the provisions of the Code of Criminal Procedure (specifically Section 173). It is a record of the acts of a public officer during the investigation and is filed before a judicial body (the court).
Therefore, a charge sheet squarely falls within the definition of a public document under Section 74(1)(iii). This means an accused person is entitled to get a copy of the charge sheet and the documents relied upon by the prosecution.