Section 74: Public and private documents

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

• Y. Narasimha Rao v. Y. Venkata Lakshmi (1991)Decided on Evidence Act section 74A foreign divorce decree passed by a court lacking jurisdiction under the Hindu Marriage Act, on a ground unknown to that Act, against a wife who did not submit to the forum, cannot be recognised in India.

Questions on this section

4 questions in 8 of our papers cite Section 74. Try these from the free papers:

1. 1. A sale deed executed between two private individuals is registered, and it is copied into the register book kept at the office of the Sub-Registrar. Under Section 74 of the BSA, the entry of the deed in the Sub-Registrar's register book is:

   A.a public document, being a public record kept in a State of a private documentB.neither a public nor a private document, as it is only a copy of the deedC.a private document, because the deed was executed by private personsD.a public document only if the sale is in favour of the Government
   Show answer

2. 2. Consider the following statements under the BSA: 1. Documents forming the acts, or records of the acts, of public officers, legislative, judicial and executive, of a foreign country are public documents. 2. An officer who, by the ordinary course of official duty, is authorised to deliver copies of a public document is deemed to have its custody for the purpose of giving certified copies. 3. A certified copy given under Section 75 need not state the name and official title of the officer who certifies it. Which of the statements given above is/are correct?

   A.1 onlyB.2 onlyC.1 and 2 onlyD.1, 2 and 3
   Show answer