Question

Which is not a public record as per the provisions of Indian Evidence Act

• A. Documents forming the acts or records of the sovereign authority
• B. Documents forming the acts or records of official bodies, tribunals
• C. Documents and correspondence from advocate and Notary office
• D. Documents and circulars from University of Delhi

Hint:

A simple test for a public document is whether it originates from a public office in its official capacity and is accessible to the public. Private correspondence, even from a public officer's office, is not a public document.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question requires identifying which option does not qualify as a "public document" under Section 74 of the Indian Evidence Act, 1872.

Step 2: Detailed Explanation:
Section 74 of the Indian Evidence Act defines public documents. They are:
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.
2. Public records kept in any State of private documents.
Let's evaluate the options:
- (A) and (B) are explicitly listed as public documents in Section 74.
- (D) Documents and circulars from University of Delhi, a public university established by an Act of Parliament, are records of an official body and thus are public documents.
- (C) Documents and correspondence from an advocate and Notary office are generally private. An advocate's office is a private practice. Correspondence between a lawyer and client is privileged communication. While a Notary Public is a public officer, their internal office correspondence is private, distinct from the official acts they notarize and the records they are required to maintain publicly.

Step 3: Final Answer:
Documents and correspondence from an advocate and Notary office are private documents, not public records.