Difference Between Public Documents and Private Documents: Key Differences Explained

Introduction

Documents are divided into two parts: public documents and private documents. Both categories look the same, but there is a difference between public documents and private documents in legal terms. As we refer to the provisions of the Indian Evidence Act, this law defines the concepts of public and private documents. In this article, we address the difference between public documents and private documents according to the Law. So, please stay tuned and read below;

What is the meaning of a Document?

The Indian Evidence Act, 1872 section 3 refers to documentary evidence, which is provided in the court in text form. Thus, any document which is presented to the court for evidence purposes is called documentary evidence. These can be different types of forms such as Paperwork, written words, lithographs, photographs, designs, etc. There are two types of documentary evidence: the first one is primary Evidence and the second is Secondary evidence. The full details of these are given below;

Primary evidence

Primary evidence is defined under Section 62 of the Indian Evidence Act. Primary evidence means such types of documents that are presented before the court for inspection. The evidentiary value of primary evidence is higher as evidence because it is presented as an original document before the court as well it is accepted and admissible without prior notification. Such types of documents are mostly introduced before secondary evidence.

Secondary evidence will be introduced before the court as evidence when the source of the original evidence is missing or when primary evidence is introduced with the clarification of the absence of primary evidence. Primary evidence is such kind of evidence that is available and present from the source or record of the document that’s why it is known as the best evidence in the eyes of the law.

Secondary evidence

Primary evidence is defined under Section 63 of the Indian Evidence Act. The evidentiary value of secondary evidence is not much higher than that of primary evidence. It shows that when secondary evidence is presented before the court, it is necessarily required to be proved with primary evidence. Such a document will be presented before the court when primary evidence is absent; it will not be admitted without giving notice. It can be admitted with the consent of the opposite party within a reasonable time, and after that consent, the opposite party is not able to challenge the fact that the presented document is secondary evidence that does not meet the requirement of primary evidence. Now, after a discussion of primary and secondary evidence, let’s know about the definition of public documents and private documents.

What is a public document?

Definition of Public Document

Public documents are such kind of documents that are available for public use and are authenticated by a recognised public officer. The recognised public officer provides public documents with their statements, which are treated as admissible evidence in a court of law. Public documents are public records that are published for public use at large.

What documents are considered Public Documents?

According to the provisions of the Indian Evidence Act, 1872, section 74 deals with public documents; As per this section, the following documents are known as public documents.

Of sovereign authority
Of official bodies and tribunals
Of public officers, legislative, judiciary, and executive of any part of India or the Commonwealth, or of a foreign country.
The public record is kept in any state of private document.

Example of Public Documents

The following documents are considered public documents that can be publicly available to the public at large:

Statements recorded by police officers under the provisions of Section 161 of the Criminal Procedure Code.
Land records which are maintained by the revenue officers, such as revenue records, land survey numbers, any revenue land dispute settlement records, etc.
Records published under the statute, such as government schemes published in the Gazette.
Any certified copy of the civil court order.
First Information Report ( FIR), a charge sheet.
The Hindu marriage register is also considered a public document.
Town planning reports.
Village records.
Ballot records of India.
Birth and Death register.
Nationalised Bank records.

All those are covered under the public records.

What is a private document?

Definition of a private document

As per Section 75 of the Indian Evidence Act, 1872, this section clearly says that all documents which is not covered under the purview of Section 74 of the Act are treated as private documents. In short, private documents are these types of documents that are created by an individual for their right or interest.

Private documents are such types of documents that are created between persons for their particular purposes, like business transactions, communications, and any other purposes. This type of document is kept in the custody of the individual or persons who have prepared it, but it is not available for the public at large. The true copy or certified copy of this private document is not admissible as evidence without proving the original of that document.

Examples of Private Documents

The following documents are considered private documents;

Communications or Correspondence made between persons.
Any matter issued in newspapers.
Books written by an individual.
A contract made between persons.
Any memorandum prepared between persons.
Sale deed.

All those are covered under the private records.

Difference between Public documents and Private documents

There are the following things that make a difference between public documents and private documents;

(1) Related sections:

The Indian Evidence Act, 1872, under section 74, deals with public documents. According to this section, all documents like those of sovereign authority, official bodies and public officers, legislative authorities, tribunals, etc., are covered under public documents.

The Indian Evidence Act, 1872, under section 75, deals with private documents. According to that section, all types of other documents that are not covered in public documents are private documents.

(2) Prepared by:

Public documents are prepared by public officers as a part of their official duties.

In contrast, private documents are prepared by an individual for his/her personal interest or right.

(3) Availability for inspection:

Public documents are accessible for inspection and can be inspected during the official time after submitting inspection fees.

In contrast, private documents are not accessible for inspection purposes to the public. Such types of documents are made by an individual who keeps them in his/her custody and can not be available for inspection to the public.

(4) Validity as secondary evidence:

A certified copy of public documents is admitted and accepted in the court of law.

Private documents cannot be admitted and accepted as secondary evidence. Some special circumstances need to be fulfilled to be admissible as secondary evidence in a court of law.

(5) Proving as secondary evidence:

Public documents can be proved by secondary evidence. Private documents cannot be proved without a source of the original document or primary evidence.

(6) Presumption of genuineness:

The court can presume that a certified copy of public documents might be genuine and that can be accepted as secondary evidence.

In contrast, the presumption of the genuineness of private documents cannot be drawn up without providing an original copy from secondary evidence.

Difference between Public and private documents in chart

There are the following things that we need to determine while considering the difference between public documents and private documents;

Public Documents Vs Private Documents

Basis	Public Documents	Private Documents
Made by	Public Documents are prepared by public officers as a part of his/her official duties.	Private Documents are prepared by an individual for their personal right, interest, or purpose.
Accessibility	Public Documents are easy to use for the public at large. They can be obtained from the concerned authority.	Private Documents are made and kept by an individual; that’s why they are not available to the public.
Evidentiary value	Public Documents are treated as Secondary Evidence.	Private Documents are treated as Primary Evidence.
Genuineness	The genuineness of a certified copy of a public document can be accepted and admitted as secondary evidence in a court of law.	Presumption: the genuineness of an original document cannot be accepted and admitted as secondary evidence in a court of law. except in some special circumstances.
Availability of Certified Copy	Certified copies of public documents can be available for the public who may be required.	Certified copies of private documents cannot be available to the public.

Conclusion

After all this discussion, we conclude that there are some differences between public documents and private documents; we can summarise that public documents are prepared by public officers and those documents are easy to access for the public. The same thing is different when we talk about private documents. Those types of documents are created by an individual for the private interest or right which are not accessible for the public at large.

The evidentiary value of public documents is much higher; they are acceptable as secondary evidence in the court of law and judicial proceedings. Private documents’ evidentiary value depends upon the original documents produced for admission of secondary evidence in the court of law and judicial proceedings.