LAW OF EVIDENCE

SYNOPSIS

TOPIC: Relevancy of Entries in Public Registry—A Critical Study

INTRODUCTION:
In this paper, the author would deal with the topic of “Relevancy of entries in public registry-
a critical study”. The Relevance of entries in public records has been defined in section 35 of
Indian Evidence Act, 1872 as “An entry in any public or other official book, register or
record or an electronic record, stating a fact in issue or relevant fact, and made by a public
servant in the discharge of his official duty, or by any other person in the performance of a
duty specially enjoined by the law of the country in which such book, register, or record or an
electronic record is kept, is itself a relevant fact.”

This section is based on the principle that public records like a public or other official book,
register or record, maintained in performance of official duties by an officer are admissible.
Such public records or documents have got evidentiary value. Following conditions have to
be satisfied before any document is made admissible:
1. An entry must be contained in the public or official record.
2. It must be made by a public servant.
3. It must be made by a public servant in the discharging of his official duties.
4. It must be an entry stating a fact in issue or a relevant fact.

The present study depicts a detailed analysis of the topic of the relevance of public records
under the law of evidence. The researcher would clearly explain section 35 of the Indian
Evidence Act and the changes that have been brought by the law commission of India. The
researcher further explains the difference between English Law and Indian Law concerning
section 35 with the help of case laws. Later, the paper would consist of five detailed case
analysis related to the topic and the researcher finally ends the paper with suggestions and a
conclusion.
OBJECTIVE OF THE STUDY:
The present paper aims at the detailed study of section 35 of the Indian Evidence Act which
includes critical study of the relevance of entries in public records, meaning and scope of
public records and evidentiary value of entries in public records, and admissibility of public
records in foreign countries with some case laws.

RESEARCH QUESTION:
1. Whether the entries of any statements made in public documents are admissible in the
court of law?
2. What is the evidentiary value of Public documents or records in the court of law?
3. Whether there are any restrictions for the admissibility of electronic evidence?

LITERATURE REVIEW:
1. Law of Evidence1
In this article, the authors had clearly explained the judicial trends in the techniques of fact
ascertainment by analysing the cases arising out of the interpretation of some of the important
provisions of the Indian Evidence Act. The authors in this article had emphasised three
chapters of the Indian Evidence Act. Firstly, Relevancy of facts and admissibility of
evidence, under this aspect, the authors highlighted that Evidence can be given only when it
is relevant to a fact in issue or facts only and by mentioning various cases the author had
supported his statement. Later, the article depicts the statements made under special
circumstances regarding sections 34 and 35 of Indian Evidence Act with recent case laws
decided by the Supreme Court. The authors had analysed section 35 of the Indian Evidence
Act and how the courts interpreted the term ‘Public Record’. The authors had also pointed out
some of the legal issues about a Public record like which records amounts to public records
etc.

After that, it explains the evidentiary value of the opinion of experts while evaluating any
case in India. Confessions to persons in authority regarding section 21 of the Indian Evidence
Act and the article clearly explained the exceptions to hearsay evidence under section 32 and
33 of Act with the help of case laws. The article had explained a detailed analysis on the
topics of means of proof and adduction and assessment of the evidence.

In the conclusion, the authors held that the Judge’s interpretation was correct for a society
like India and supported his statement further.

2. 69th Law Commission Report

The 69th report of the law commission is about a comprehensive revision of the Indian
Evidence Act, 1872. The recommendations serve importance for the administration of civil

1
Bahadur & Krishna, Law of Evidence, 1 I.L.I 191, 194-195 (1965).
and criminal justice in India. The 69th report had given the very origin of every section and
every principle of law, with references to comparative law in various countries. The 69 th
report recommended some provisions of the act to be amended partially, and some of the
provisions to be substituted entirely, the insertion and deletion of some other provisions.

In this report as a researcher, I am taking the amendments to the extent of my topic which is
section 35 of the Indian Evidence Act into consideration. Before the amendment, section 35
of the Act talks about Entries in Public Records and other published writings. The
commission explained the main aim of section 35 as the real reason for admitting these
entries is that no person in a private capacity can make such entries. Even though such entries
are not confirmed by oath but in some cases, they are required by the law to be kept.

Later the commission explained the term public documents with the help of a case law
decided by Lord Blackburn that the public documents are to make use of public so that the
persons concerned may have access to it afterward. After that, the report explained the
admissibility of Indian public documents in England and later differentiated the Indian law
and English law concerning Public documents. This report explained the applicability of
public documents about the birth certificate, baptism certificate, death certificate and
matriculation certificate and at the end, the commission suggested that the entry of any such
documents in public records must entertain the statutory duty then only it have evidentiary
value in the court of law.

3. Admission of Foreign Public Records and Reports under Federal Rule of Evidence
803(8) (C)2
This article was penned by Kevin F. Berry and David M. Lockwood. This article aims at a
detailed study on 803 (8) (C) of the Federal Rule of Evidence. The authors had clearly
explained the admissibility of public records or reports as evidence and admissibility of
public records from other jurisdictions. The authors first explained the purpose of 803(8) (C)
of Federal Rule of Evidence (F.R.E.) which clearly states about Public Records. Under 803
(8) (C) Public Records means any records, reports, statements or data compilations in any
form, of public offices or agencies; and the factual findings from an investigation made
according to the authority granted by law unless the source of information indicates lack of
trustworthiness. Later, the authors emphasised Public Records and applicability in the United
States and stated that the Advisory Committee also sought a more expansive definition of
“factual finding” which would include certain evaluative reports. In most of the cases, even
the Court accepted the rule and applied, but in particular, the courts had seen the
trustworthiness in the public reports while evaluating the evidence.

The article depicts the main five guidelines for evaluating any public record as it has the
value of trustworthiness or not which are: 1. Timeliness, 2. Skill or Experience of Official, 3.
Presence and Level of Hearing, 4. Possible Motivational Problems and 5. Miscellaneous
factors bearing on the admissibility of a Public Report or Record; with the help of case laws
2
Kevin F. Berry & David M. Lockwood, Admission of Foreign Records and Reports under Federal Rule of
Evidence 803(8) (C), 21 Torts & Ins. L.J. 137 (1985).
from different Courts. The article further explains the admissibility of public records from
foreign countries. Courts have adopted the same factors while determining the
trustworthiness of public records which were generated by foreign governments, agencies and
officials with cases of different jurisdictions.

At last, the authors suggested and concluded that while weighing the trustworthiness of any
public record one has to check whether the factual finding resulted from an impartial
weighing of evidence and whether an evaluation or conclusion offered into evidence is
supported by reliable facts.

4. 185th Law Commission Report (Part IIIA)

In this report the law commission suggested the modifications for Ss. 33 to 44, 45A, 45B, 46,
47A, 48 to 90, 90A, 91 to108, 108A, 109 to 111A, 112 and 113. As the government has not
incorporated the earlier suggested changes of the 69 th law commission report, the present
report depicts the change in the position of law, and the report had examined the 69 th report of
law commission in detail and other related reports of the commission. The Commission has
made and suggested vital changes in the Act and has recommended them backed with
reasons. The commission had done a comparative analysis of British, American and Canadian
jurisdiction in search of appropriate provisions.

In this report as a researcher, I am limiting my scope to the extent of section 35 of the Indian
Evidence Act. The law commission referred 69th report of the law commission and many
other case laws of section 35 of the Act. The Commission explained the terms of public
documents and the public servants with the help of case laws. The new recommendation by
185th report is that the inclusion of the word “electronic record” in section 35 and changed the
title from the “Relevancy of entry in the public record made in the performance of public
duty” to the “Relevancy of entry in a public [record or electronic record] made in the
performance of public duty”.

5. Relevancy of entry in public [record or an electronic record] made in performance of

duty3
In this commentary, the authors had analysed section 35 of the Indian Evidence Act in detail.
The authors started with the basic explanation of section 35 and explained two essential
elements that to admit any public document as evidence one must prove that the entries have
been made by the authorised agents of the public in the course of official duty and the
statements recorded are of public interest. All the entries must be in the nature of a permanent
character. This section in the main follows but somewhat extends, the English law on the
same subject. The book, register or record must either be a public or an official one; it must
be one which the law requires to be kept for the benefit or information of the public and was

3
Woodroffe & Amir Ali, Law of Evidence 02-10 (21st ed. 2020).
so kept for information, the public having access thereto, are not necessarily all the world, but
maybe limited.

There is no legal requirement of section 35 that the public or other official book should be
kept only by a public officer. All that is required is that it should be regularly kept in the
discharge of his/her official duty. The qualification “being specially empowered by law” does
not apply to registers maintained by public servants in the discharge of their official duties.
This commentary further explained with some of the documents that whether they come
under the perspective of a public document or not with the help of case laws. It also
highlights the evidentiary value of public records in the court of law.

SCOPE OF THE STUDY:

My study is confined to only section 35 of the Indian Evidence Act which explains the
relevance of entries in public records or electronic records made in the performance of public
duty.

RESEARCH METHODOLOGY:
The research work will be a doctrinal type of research by referring to books and online
sources. The nature of the study includes descriptive, comparative, analytical and
explanatory.
Primary resources:
The primary sources for the study are Bare Acts of Indian Evidence Act, 1872, Indian Penal
Code 1860, Code of Criminal Procedure 1973, and the judgments of High Court and Supreme
Court.
Secondary resources:
The secondary resources include Rathanlal & Dhirajlal on the law of evidence and Indian
Penal Code, and other online articles and journals.

MODE OF CITATION:
19th edition of Bluebook Citation

SIGNIFICANCE OF THE STUDY:

The researcher had chosen the present topic due to my academic interest. Through this paper,
one can learn the meaning and object of the relevance of entries in public records,
admissibility of public records as evidence, the evidentiary value of public records, the scope
and admissibility of foreign records in India and the admissibility of Indian documents in
other countries.

CONTENTS: (Tentative)
1. Introduction
2. Entries in public records—Meaning
3. Relevance of Public Records as evidence
4. Evidentiary value of Foreign Public Documents in India
5. Case Analysis
6. Suggestions
7. Conclusions
8. Bibliography and webliography

Submitted by
B. Supriya
2018LLB016
Section A
Semester V