Quick Answer: What Is Public Document Under Indian Evidence Act?

Is for a public document?

Section 74 of the Indian Evidence Act, 1872 states that the following documents are considered public documents: Documents forming the acts or records of the acts: Of sovereign authority.

The public record kept in any State of Private document..

Is newspaper a public document?

The court held that a newspaper is a public document and ruled that the admissible evidence thereof should be the certified true copies.

What is an issue of fact in law?

n. in a lawsuit or criminal prosecution, an issue of fact in which the truth or falsity (or a mix of the two) must be determined by the “trier of fact” (the jury or the judge in a non-jury trial) in order to reach a decision in the case.

How do I prove a document in Indian Evidence Act?

‘Onus to prove’ (See: Sections 101-114, IEA) a document is upon the party intending to rely on it. Genuineness or Truthfulness of contents of a document is to be proved by oral evidence, and contents thereof are to be proved either by adducing primary evidence or secondary evidence.

What is fact in law?

Fact, in legal terms, is the event that has lead to the litigation (eg a dispute between two contracting parties), while law refers to the actual rules that decide how the facts will be viewed by the courts.

How do I get a post mortem report?

Coroners’ post mortem examination results If you want a written copy of the full report you need to ask the coroner’s officer or to write to the Coroner concerned and they may charge a fee. Some Coroners prefer to send the report to a doctor to explain and discuss the findings with you.

What are the two main types of evidence?

There are two types of evidence — direct and circumstantial. Direct evidence usually is that which speaks for itself: eyewitness accounts, a confession, or a weapon.

What are primary and secondary evidence?

Primary Evidence is original document which is presented to the court for its inspection. Secondary Evidence is the document which is not original document but those documents which are mentioned in Section. 63. … Giving Primary Evidence is general rule. Giving Secondary Evidence is exception to the general rule.

What are the 4 types of law?

These four sources of law are the United States Constitution, federal and state statutes, administrative regulations, and case law. Each country’s legal system has its own sources of law, but for those systems that enact Constitutions, the Constitutions are the most fundamental of the sources of law.

What are types of documents under Indian Evidence Act?

The Indian Evidence Act accepts two forms of evidence, documentary evidence and oral evidence. According to the Indian Evidence Act, the documents which are produced for the inspection of the court are called documentary evidence.

What is fact under Indian Evidence Act?

Fact” means and includes— (1) any thing, state of things, or relation of things, capable of being perceived by the senses; (2) any mental condition of which any person is conscious.

Is post mortem report a public document?

The report cannot be held to be a record of Medical Officer of his official “Act” for the use of the public. It is well settled that the post-mortem report or an injury report is not substantive evidence. It has to be proved by the maker of it. It cannot, therefore, be termed as a public document as envisaged under S.

What is done in post mortem in India?

An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any disease or injury that may be present for research or educational purposes.

Why post mortem is not done after sunset?

Postmortem is done within the presence of sunlight because the colour of the injury in tube light, CFL, LED’s and other artificial illumination appears to be purple rather than red. … Another reason is no cremation is performed at night in many religions, so kin of the deceased may not allow postmortem at night.

How many sections are there in Indian Evidence Act?

167 sectionsThe Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872.

How do you prove public documents?

Public documents are proved by the following methods. The are proved by obtaining certified copy as provided in section 76 and this is regarded as original. In the case of Rammapa vs. Bajjappa (AIR 1963 SC the court held that a certified copy of public document can be received in evidence and without proof.

What is public document in law of evidence?

According to Section 74 of the Evidence Act, public documents are the documents forming the acts or records of the acts of the sovereign authority, official bodies and tribunals, and of public offices, legislative, judicial and executive of any part of India or of the commonwealth, or of a foreign country.

What is Factum Probandum and Factum Probans?

1 A fact or statement of facts. For example, a factum probans (pl. facta probantia) is a fact offered in evidence as proof of another fact, and a factum probandum (pl. facta probanda) is a fact that needs to be proved. 2 An act or deed.

What is a fact in issue in evidence?

Evidence must be relevant to a ‘fact in issue’. ‘A fact in issue’ is a fact which is to be determined as a matter of substantive law (the elements of the offence or the cause of action). … Evidence will not be relevant if the only issue to which it relates is a question of law.

Is power of attorney a public document?

11. Therefore, it is evident that the certified copy of the power of attorney produced by the petitioner is a public document within the meaning of Section 74(2) of the Indian Evidence Act and the same is admissible in evidence as provided under Section 76 of the Act.

How is a fact determined?

The usual test for a statement of fact is verifiability—that is whether it can be demonstrated to correspond to experience. Standard reference works are often used to check facts. Scientific facts are verified by repeatable careful observation or measurement by experiments or other means.