Relevance of Entry in Public Record made in performance of Duty

(Section 35)

Principle & Scope

 Public documents.
 Entries made in discharge of public duty.
 By an officer, who is authorized and accredited agent appointed for the
purpose.
 The law reposes trust in public officers.
 It presumes that they will discharge their several trusts with accuracy
and fidelity.

Three Conditions
 Entry in public record or official book, register, or record.
 Must be an entry relating to a fact in issue or relevant fact.
 Must made by a public servant in the discharge of his duties.

Public or Other Official Book, Register or Record

 Public document as defined u/s. 74 of the Act.
 Documents forming part acts, records of the acts of:
a. Sovereign authority.
b. Official bodies and tribunals.
c. Public officers, legislative, judicial and executive or of a foreign
country.
 Public records kept in any State of Private documents.

Probative value of entries of a document made u/s. 35

 Having the quality or function of proving or demonstrating something,
means probative.
 Admissibility and Probative value of evidence are two different concepts.
 Both cannot be combined.
 The Court may make an effort to find out the probative value of the
entries made u/s. 35.
 The authenticity of the entries may depend on the source of information.
 Meaning thereby that the entries falling u/s. 35 may require
corroboration in some cases.

Illustrations

 Birth & Death Registers – Certified copy of the entry in the birth and
death register by an official in discharge of his official duty, is admissible
u/s. 35 and it is not necessary to examine the official.

 School Register – An entry made in the School Register regarding age is

not conclusive but it has evidentiary value.

 Electoral Role – An electoral role prepared under the Representation of

Peoples Act is a public record within the Section 35 and is admissible in
evidence.

 Revenue Records

 Mutation Entries
 Relevancy of Statements in Maps, Charts and Plans
(Section 36)

Principle & Scope

 Maps or charts are of two kinds:
a. Offered for public sale.
b. Made under the authority of Government.
 The admissibility of the first kind of Maps rests on the ground that they
contain the result of inquiries made under comp tent authority.
 The admissibility of the second kind of maps depends on the ground that
they are made and published by the Government, therefore they are
taken to be made by the competent authority.

Relevancy & Admissibility

 Both are different.
 Relevancy connotes logically probative evidence.
 Admissibility is to the legally receivable facts.

Maps made under the Authority of Government

 Admissible as they are made under the authority of the Government.
 Presumption of accuracy.

Private Maps
 Such private maps are irrelevant unless proof of the fact that they are
generally offered to Public for sale is given.

Maps & Plans in Criminal Proceedings

 Maps and site plans made by the Police Officers are hit by Section 162 of
the CrPC.
 Unless it is shown that the Police Officer made such a map/sketch/plan
by his own prudence and not basis of the statement of the witnesses.

Case Laws

 Tori Singh v. State of UP

If the sketch map is prepared by a police inspector, basing on his own
observations at the scene of offence, it can be admitted, but when draws
the sketch map based on the statement of the witnesses, it would be hit
under section 162.
 Relevancy of statements as to facts of public nature, contained in
certain Acts or Notifications
(Section 37)

Principle & Scope

 Public statutes are judicially noticed and no proof of them is required.
 Such statements are admissible as evidence of the facts relating to
parliamentary procedure recorded in them.
 A statement made in the gazette notification that an Act has been
assented to by the President is proof of that fact.
 Acts of Parliament of the United Kingdom, or the Central Government or
Provincial or State Government, are admissible in evidence when the
Court has to form an opinion as to the existence of any fact of a public
nature stated therein.

Statements contained:
 Public speech
 Speech from the throne.
 Royal proclamation
 Parliamentary journal
 Government gazette
 State paper

Case Law:

 Jyotindra Mohan Tagoe v. Brojo Sundari

It was held that the Government Gazette containing the advertisement of
sale and the condition of sale appended in a printed paper which were
issued in the name of the Master, from the office of Master of the Court
office, can be admitted in evidence to prove the actual condition of the
sale.
 Relevancy of Statements as to any law contained in law books
(Section 38)

Principle & Scope

 Statements contained in law books are admissible on similar grounds as
compared to Section 35, 36 & 37.
 When a view was expressed in a judgment of a High Court which was not
officially published in the Indian Law Reports, it was not to be followed
blindly like the one officially published.
 Foreign law – when it is necessary to form opinion as to the law of any
Country.
 Foreign law need not be proved if admitted.