IPC Section 29 - Document

In criminal law, many offences—like forgery, cheating, and fraud—revolve around documents. But what exactly qualifies as a “document” under Indian law? Is it only something printed or handwritten, or do digital files also count? IPC Section 29 [Now replaced by 2(8)] answers this by giving a broad and inclusive definition of what constitutes a “document” in legal terms.

In this blog, we will explore:

• The legal meaning of “document” under IPC Section 29
• Real-life examples of documents covered under this section
• Its connection with offences like forgery and fraud
• Key case laws interpreting the term
• FAQs to clarify practical applications in modern contexts

What Is IPC Section 29?

Legal Definition (IPC Section 29):

"The word ‘document’ denotes 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, as evidence of that matter."

This includes things written, printed, typed, engraved, or even marked in any way that can be used as evidence.

In modern interpretation, this definition also extends to digital and electronic records, especially under the Information Technology Act, 2000.

Simplified Explanation

In simple words, a document is any written or marked material that can be used to prove a fact or serve as evidence in court.

It’s not limited to paper. It can be:

• A written letter
• An email or text message
• A bank statement
• A signed contract
• A printed bill
• A forged ID
• Even a video with time stamps, if intended as evidence

Practical Examples

• Signed Agreement:
  A handwritten or printed agreement signed by both parties in a business deal is a document under IPC 29. If it's forged, it becomes a false document under IPC 464.
• Fake Identity Card or License:
  A person presents a forged driving license or fake voter ID to open a bank account. These are considered documents because they’re intended to deceive and serve as identity proof.
• Bank Cheque:
  A cheque issued with a forged signature, or a post-dated cheque with altered amounts, is a document. It’s often used in legal disputes involving IPC Sections 420 (cheating) and 471 (using a forged document).
• Email or SMS Communication:
  If an email is sent pretending to be from a legitimate company to mislead someone into transferring money, that email is a document under IPC 29, especially when used as digital evidence in court.
• False Land Records or Property Papers:
  Creating or altering sale deeds, mutation entries, or patta documents to unlawfully claim land ownership makes them false documents, and prosecutable.
• Digital Contracts & PDFs:
  An unsigned digital contract that is referred to in a legal dispute, if authenticated properly, is also treated as a document, especially under the IT Act.

Where Is This Term Used In IPC?

The word “document” appears in multiple important IPC offences, including:

• IPC Section 463: Forgery
• IPC Section 464: Making a false document
• IPC Section 465: Punishment for forgery
• IPC Section 420: Cheating and dishonestly inducing the delivery of property
• IPC Section 471: Using a forged document as genuine
• IPC Section 468: Forgery for the purpose of cheating

It is also linked to provisions under the Indian Evidence Act and the Information Technology Act, where electronic records are considered documents.

Key Difference – Document vs Record vs False Document

Case Laws Interpreting 'Document'

To understand how courts interpret the definition of “document” under IPC Section 29, here are some significant judgments that highlight its scope in both physical and digital contexts.

1. Birla Corporation Ltd. vs Adventz Investments And Holdings Ltd.

• Summary of Facts:
  Birla Corporation Ltd. filed a case involving allegations of theft and misappropriation of documents. The dispute centered around whether certain papers and records qualified as "documents" for the purpose of prosecution under IPC sections related to theft and criminal breach of trust.
• Held:
  In the case of Birla Corporation Ltd. vs Adventz Investments And Holdings Ltd. Supreme Court recognized that the term "document" under Section 29 IPC is broad and includes any matter expressed or described upon any substance by means of letters, figures, or marks, intended to be used as evidence. The court held that the records in question were indeed "documents" as per IPC Section 29 and could be the subject of theft or misappropriation proceedings.

2. State of Maharashtra v. A (2021)

• Summary of Facts:
  The accused was involved in a shooting incident. The prosecution relied on a handwritten note allegedly left by the accused. The defense argued that the note should not be treated as a “document” for evidentiary purposes.
• Held:
  In the case of State of Maharashtra v. A (2021) court ruled that the handwritten note, being matter expressed on a substance (paper) by means of letters and intended to be used as evidence, falls within the definition of “document” in Section 29 IPC.

3. Kedar Nath Singh v. State of Bihar (1962)

• Summary of Facts:
  This case involved the use of inflammatory language in a written pamphlet. The prosecution argued that the pamphlet constituted a “document” under IPC Section 29 and could be used as evidence of intent.
• Held:
  In the case of Kedar Nath Singh v. State of Bihar (1962) Court held that the pamphlet, being matter expressed on paper by means of letters and intended to be used as evidence, was a “document” under Section 29 IPC. The intention behind creating the document was also considered in determining criminal liability.

Conclusion

IPC Section 29 offers a wide and flexible definition of the term "document," enabling courts to adapt the law to changing times, from handwritten papers to digital files. It is central to offences like forgery, cheating, and fraud, and it ensures that evidence in any form—physical or digital—can be recognized under Indian law.

In an age of increasing digital transactions and identity fraud, understanding what qualifies as a “document” is crucial for both legal professionals and ordinary citizens.