ARE COURT DOCUMENTS ACCESSIBLE BY THE PUBLIC?

Court judgments are cited hundreds of times by legal professionals to advance their cases. Court judgments are public records that are accessible to everyone. However, court documents are not available for public access. When a court in India decides a case, it is implied that it will be published for the public in general except when the court expressly directs to restrict its accessibility to everyone. 

The judgments of the Supreme Court are the supreme law of the land, and all the citizens have the right to read the court’s decisions. Now that everything has gone digital, the Supreme Court’s judgments are also uploaded on the internet on their official website or other websites by various legal professionals for public use. 

To make it even more convenient now, the publication of court judgments does not constitute an infringement of copyright according to Section 52(1)(q)(iv) of the Copyright Act, 1957.

Documents. 

Section 3 of the Evidence Act specifies document as any matter expressed or described upon any substance by means of letters, figures, or marks, or by more than one of those means intended to be used, or which may be used, to record that matter. Documents are essential when it comes to collecting and producing Evidence in a case, and there are two kinds of which: primary Evidence and secondary Evidence.

1. Primary Evidence. 

Primary Evidence is explained under Section 62 of the Indian Evidence Act, 1872, which states that the primary Evidence is the most reliable and genuine proof of an object or a fact because it is the actual document or the authentic source of Evidence. 

Primary Evidence is different from secondary Evidence, which is instead a copy or substitute for it. If a party had possession of preliminary Evidence, it must produce it as evidence in the court. Accordingly, If the party does not possess any primary evidence due to the loss or destruction, then the party may produce a reliable substitute for it.

2. Secondary Evidence. 

Secondary Evidence has been duplicated from a unique report or which has been substituted from the first one. For instance, a photocopy of a record or photo can be considered secondary Evidence. However, first preference is given to the original or primary Evidence by the Courts, and the courts even try to avoid and refrain from using secondary Evidence. 

The Evidence, the Evidence provided to the court in a written form is known as Documentary Evidence according to Section 3 of the Indian Evidence Act, 1872. There are two kinds of documentary Evidence, viz. public documents, and private documents.

1. Private documents:

Section 75 of the Indian Evidence Act, 1872 states that all documents other than the documents expressly specified under Section 74 of the Same Act are private documents. Private documents are those documents made between parties for their business transactions, communications, and their interest. 

Only concerned parties have custody of those documents, and documents are not made accessible for the general public. Attested or certified copies of the private documents are not admissible in court and can be considered Evidence only when the proof of the original document is submitted. For example, Correspondence between persons, matter published in newspapers, sale deed, deed of the contract.

2. Public Documents. 

Public Documents are those documents that are examined and authenticated by a public officer and accordingly made available to the public for reference and other purposes. These documents are also called public records as they’re issued or published for the public. 

Public documents also consist of statements of the public officers in their official capacity which makes the documents admissible Evidence of the fact in civil matters. Section 74 (1) of the Indian Evidence Act, 1872 specifies documents which are considered as public documents, Documents forming the acts or records of the acts of sovereign authority, official bodies, and tribunals, public officers, legislative, judiciary, and executive of any part of India or the commonwealth or a foreign country.

Section 74 (2) of the Indian Evidence Act, 1872 deals with public documents kept in any state of private documents. In order to the document within the ambit of Section 74 of the Indian Evidence Act, 1872, it must be proved that a public servant makes the document in their official capacity, and the mere fact that a document is kept in public office does not make it an official public record. 

Section 74 (2) of the Indian Evidence Act, 1872 states that private documents, although made by a private individual but kept as public records in the public offices must be regarded as a public document as emphasized by the Guwahati High Court in the case of Shri Narattam Das And Ors. V. Md. Masaddar Ali Barbhuiya And Ors (1991) 1 Gau LR 197 (DB) said, “Public Documents are those documents, which are required to be kept in the Governmental units and discharge their duty as prescribed by law. 

A Public record is one required by law or directed by law to serve as a memorial and Evidence of something written, said, or done. Therefore, a Private Document would be called a ‘Public Document’ under the purview of section 74(2) if the Private Document is filed and a public official is required to keep it for a memorial or permanent Evidence of something written, said, or done.”

List of Public Documents. 

Following documents are considered public documents that are accessible to the general public.

1) Birth and Death Register

2) Charge Sheet

3) Village Records of the villages

4) Census Report of India

5) Town Planning Reports by the Department of State Development

6) Records of National Bank

7) Sanction to prosecute

8) Confessions recorded by a magistrate under section 164 of Cr. P.C.

9) Notice under section 106 of Cr. P.C.

10) Record of Information under section 145 of Cr. P.C.

Author: Shweta Singh