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:

The key feature of a public document is its connection to an official act or record of a sovereign or public body. Private correspondence, even if it involves a public officer, is generally not a public document.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
Section 74 of the Indian Evidence Act, 1872, defines "public documents". All other documents are considered private documents (Section 75).

Step 2: Detailed Explanation:
Section 74 defines public documents as 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.
It also includes public records kept in any State of private documents.
Let's analyze the options:
- (A) and (B) are explicitly covered by the definition.
- (D) University of Delhi is a public body, so its official documents and circulars would be public documents.
- (C) Documents and correspondence from an advocate's office or a Notary's office are private documents. An advocate's office is a private establishment, and correspondence between a lawyer and client is privileged and private. While a Notary is a public officer, their private correspondence or internal office records are not public documents in the sense of Section 74.

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