Distinction between Public and Private Document: Our Legal World

Distinction between Public and Private Document

Public Documents

1. Public document is prepared by a public servant in discharged of his duties.
2. Public documents are available for inspection to public office during appointed time after payment of fixed fee.
3. The general rule, the public document is provided by secondary evidence.
4. The Court is bound to presume the genuineness of oublpu document from their duly certii secondary copy.

Mother and Son arrested and beaten by the Customs Officers of IGI Delhi

Private document

1. Private document are those documents which are prepared by a person for his private interest under his private right.
2. Private document are kept in custody of the person to whom it belongs and is not available for geni inspection to public.
3. Before proving one of the condition laid down under Section 65, the secondary evidence of the original document is not be admitted in judicial proceedings.
4. As general rule the private document is to be provided by original i.e by primary evidence.

Distinction between Public Documents and Private Documents

1. No presumption is made about genuineness of original documents from secondary evidence of private document except in some exceptional circumstances.