Document
Also called: Documentary evidence
Any matter expressed, described or recorded on any substance by letters, figures, marks or other means, intended or usable to record or prove that matter, and including electronic and digital records.
Explained
Section 2(1)(d) of the BSA defines a document as any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means, or by more than one of those means, intended to be used or which may be used for the purpose of recording that matter, and it expressly includes electronic and digital records. The illustrations cover a writing, printed or photographed words, a map or plan, an inscription on a metal plate or stone, a caricature, and electronic records such as emails, server logs, messages, websites, locational evidence and voice mail on digital devices. The earlier definition was in Section 3 of the Evidence Act.
Section 2(8) of the BNS gives the criminal law meaning, earlier Section 29 of the IPC. It looks at the matter as evidence: it must be intended to be used, or capable of being used, as evidence of that matter, and it includes electronic and digital records. Its explanations make it immaterial what means or substance is used and whether the evidence is meant for a Court, and its examples include a writing setting out contract terms, a cheque, a power of attorney and a map. Section 3(18) of the General Clauses Act, 1897 supplies a general meaning for other Central Acts.
The elements are matter, a substance on which it is recorded, a means of recording, and a purpose of recording or evidencing. A thing that merely exists, such as a knife, is a material object and not a document. Documents are proved by primary or secondary evidence under Section 56 of the BSA. Section 57 treats the document itself as primary evidence and Section 58 lists the forms of secondary evidence. Section 61 provides that an electronic or digital record cannot be refused merely because it is electronic, subject to Section 63.
Examiners test the inclusion of electronic records in both definitions, the illustrations such as the caricature and the inscription on stone, and the line between primary and secondary evidence.
What the law says
(d) “document” means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.
Illustrations.
(i) A writing is a document.
(ii) Words printed, lithographed or photographed are documents.
(iii) A map or plan is a document.
(iv) An inscription on a metal plate or stone is a document.
Section 2(1)(d): definition of document with illustrations
Earlier law: IEA 3. Interpretation-clause. 4. ― May Presume. ―Shall presume. ―Conclusive proof.
(8) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter.
Explanation 1.—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not.
(a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document.
(b) A cheque upon a banker is a document.
(c) A power-of-attorney is a document.
(d) A map or plan which is intended to be used or which may be used as evidence, is a document.
Section 2(8): document for criminal law purposes
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
The contents of documents may be proved either by primary or by secondary evidence.
Contents proved by primary or secondary evidence
Earlier law: IEA 61. Proof of contents of documents.
Nothing in this Adhiniyam shall apply to deny the admissibility of an electronic or digital record in the evidence on the ground that it is an electronic or digital record and such record shall, subject to section 63, have the same legal effect, validity and enforceability as other document.
Electronic or digital record not to be denied admissibility
Earlier law: IEA New Section
Section 3, General Clauses Act
(18) “document” shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter;
Section 3(18): general definition of document
Earlier law: Section 29, IPC
Example
Illustration to Section 2(8) of the BNS: a cheque upon a banker is a document, and so is a power of attorney.
For the exam
- BSA definition is Section 2(1)(d); BNS definition is Section 2(8). Both include electronic and digital records.
- Earlier: Section 3 of the Evidence Act and Section 29 of the IPC.
- A caricature and an inscription on a stone are documents (Illustrations to Section 2(1)(d) BSA).
- Contents of documents are proved by primary or secondary evidence (Section 56 BSA).
- Admissibility of electronic records as computer output is governed by Section 63 BSA.
1,374 questions in the Law Maker question bank use this term. Practise Bharatiya Sakshya Adhiniyam questions
Related terms
- Electronic recordData, a record or data generated, an image or sound stored, received or sent in electronic form, or micro film or computer generated micro fiche (Section 2(1)(t) of the IT Act).
- EvidenceUnder Section 2(1)(e) of the BSA, statements of witnesses before the Court, including those given electronically (oral evidence), and documents, including digital records, produced for its inspection (documentary evidence).
- Valuable securityA document which is, or purports to be, one by which a legal right is created, extended, transferred, restricted, extinguished or released, or by which a person acknowledges legal liability. Section 2(31) of the BNS.
- CounterfeitTo counterfeit is to cause one thing to resemble another, intending by that resemblance to practise deception or knowing deception to be likely (Section 2(4) of the BNS). The imitation need not be exact.
- FactAnything, state of things or relation of things capable of being perceived by the senses, and any mental condition of which a person is conscious (Section 2(1)(f) of the BSA).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.