Admissibility of A Document : Supreme Court Explains the Nuances of Law

Admissibility of A Document : Supreme Court Explains the Nuances of Law

An important Judgment was passed by Hon'ble Supreme Court on 3 October 2008.

Section 35 of the Indian Evidence Act, 1872 uses the terms "stating a fact in issue or relevant fact and made by a public servant in the discharge of his official duty". According to illustration to S.3 of the Indian Evidence Act, 1872, a caricature is a document. [For complete Indian Evidence Act, 1872 - go to https://www.indiacode.nic.in/handle/123456789/2188?sam_handle=123456789/1362]

It has been commented in Babloo Pasi v State of Jharkhand [2008] GCtR 2167 (SC) thus :- 

"Section 35 of the said Act lays down that an entry in any public or other official book, register, record, stating a fact in issue or relevant fact made by a public servant in the discharge of his official duty especially enjoined by the law of the country is itself a relevant fact. It is trite that to render a document admissible under Section 35, three conditions have to be satisfied, namely: (i) entry that is relied on must be one in a public or other official book, register or record; (ii) it must be an entry stating a fact in issue or a relevant fact, and (iii) it must be made by a public servant in discharge of his official duties, or in performance of his duty especially enjoined by law."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

 https://main.sci.gov.in/judgments

Then entering the date of Judgment, for example, as 3 October 2008.

Written by 

Vishal

Delhi

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