Evidence Act 1872 Section 142

Evidence Act Section 142 defines what constitutes a 'document' under the law. This section is crucial because it sets the foundation for determining which writings, recordings, or inscriptions can be presented as evidence in court. Understanding this definition helps lawyers and courts decide the admissibility of various forms of evidence in civil and criminal cases.

Knowing what qualifies as a document ensures that relevant evidence is not excluded simply due to its form. It also guides parties on how to prepare and present evidence effectively during trials and investigations.

Evidence Act Section 142 – Exact Provision

This section broadly defines 'document' to include writings, figures, marks, or any combination thereof, inscribed on any material. The key point is the intention or potential use of that inscription to record information. This inclusive definition ensures that various forms of recorded information can be treated as documents for evidentiary purposes.

• Includes writings, figures, and marks on any substance.

• Applies to intended or potential use for recording information.

• Encompasses traditional and modern forms of documentation.

• Forms the basis for admissibility of documentary evidence.

Explanation of Evidence Act Section 142

This section clarifies what is legally recognized as a document in evidence law.

• Defines 'document' broadly to cover various forms of recorded information.

• Affects parties presenting documentary evidence, courts, and investigators.

• Requires that the matter be expressed or described on some substance.

• Triggers when evidence involves written or recorded materials.

• Admissible documents include letters, contracts, digital records, and inscriptions.

• Excludes oral statements or unrecorded information.

Purpose and Rationale of Evidence Act Section 142

This section ensures clarity on what qualifies as documentary evidence, enabling courts to admit diverse forms of recorded information fairly and consistently.

• Ensures reliable evidence by defining documentary scope.

• Promotes fairness by including various recording methods.

• Prevents misuse by setting clear boundaries.

• Strengthens judicial truth-finding through comprehensive evidence inclusion.

When Evidence Act Section 142 Applies

This section applies whenever the nature or admissibility of documentary evidence is in question during legal proceedings.

• Applicable in civil and criminal trials involving documents.

• Invoked by parties submitting or challenging documentary evidence.

• Relevant during investigation, trial, and appeal stages.

• Scope includes traditional and electronic documents.

• Exceptions may arise with privileged or illegally obtained documents.

Burden and Standard of Proof under Evidence Act Section 142

The burden of proving the authenticity and relevance of a document lies with the party presenting it. The standard of proof depends on the proceeding type—preponderance of probabilities in civil cases and beyond reasonable doubt in criminal cases. Section 142 interacts with Sections 65A and 65B concerning electronic records and their admissibility.

• Party presenting document must prove its authenticity.

• Standard varies by case type: civil or criminal.

• Works alongside provisions on electronic evidence.

Nature of Evidence under Evidence Act Section 142

This section deals primarily with the definition and admissibility of documentary evidence. It covers both traditional writings and modern electronic records, subject to procedural rules and limitations such as authentication and relevance.

• Defines documentary evidence broadly.

• Includes writings, inscriptions, and digital records.

• Subject to authentication and relevancy requirements.

• Does not cover oral or unrecorded evidence.

Stage of Proceedings Where Evidence Act Section 142 Applies

Section 142 is relevant during the proof stage of proceedings, including investigation, trial, and appeals where documentary evidence is presented or challenged.

• Investigation: identification and collection of documents.

• Trial: submission and examination of documents.

• Appeal: review of admissibility and authenticity.

• Cross-examination may involve challenging documents.

Appeal and Challenge Options under Evidence Act Section 142

Rulings on documentary evidence admissibility under this section can be challenged through appeals or revisions. Higher courts may interfere if there is a clear error or miscarriage of justice. Appellate review focuses on whether the document meets legal definitions and procedural requirements.

• Appeal to higher courts on admissibility issues.

• Revision petitions for procedural errors.

• Standards include error of law or fact affecting outcome.

• Timelines depend on case type and court rules.

Example of Evidence Act Section 142 in Practical Use

Person X submits a contract printed on paper as evidence in a civil dispute. The court examines whether the contract qualifies as a 'document' under Section 142. Since it is a writing intended to record an agreement, it is admissible. If X submits an email printout, the court also considers electronic evidence rules alongside Section 142.

• Documents must be intended to record information.

• Electronic records require additional authentication.

Historical Background of Evidence Act Section 142

Introduced in 1872, Section 142 was designed to clarify what constitutes documentary evidence amid evolving communication methods. Historically, courts relied on writings and inscriptions, but the section’s broad language allowed adaptation to new forms. Judicial interpretations have expanded its scope to include electronic documents.

• Established to define documentary evidence clearly.

• Adapted over time to include modern records.

• Judicial evolution expanded its application.

Modern Relevance of Evidence Act Section 142

In 2026, Section 142 remains vital due to the rise of digital evidence. It supports the admissibility of electronic documents in e-courts and digital trials. Judicial reforms emphasize clear definitions to handle diverse evidence forms effectively.

• Applies to digital and electronic documents.

• Supports e-court procedures and digital records.

• Integral to judicial reforms on evidence handling.

• Ensures contemporary evidence is admissible.

Related Evidence Act Sections

• Evidence Act Section 65A – Admissibility of Electronic Records

  – Details conditions for admitting electronic evidence as documents.

• Evidence Act Section 65B – Proof of Electronic Records

  – Specifies requirements for authenticating electronic documents.

• Evidence Act Section 59 – Primary Evidence

  – Defines original documents as primary evidence.

• Evidence Act Section 63 – Proof of Documents

  – Covers how documents are proved in court.

• Evidence Act Section 64 – Secondary Evidence

  – Allows copies or other evidence when originals are unavailable.

• CrPC Section 65 – Evidence by Documents

  – Provides procedural rules for documentary evidence submission.

Case References under Evidence Act Section 142

1. State of Maharashtra v. Dr. Praful B. Desai (2003, AIR SC 40)

   – Clarified the broad definition of documents including electronic records under Section 142.

2. Shafhi Mohammad v. State of Himachal Pradesh (2018, AIR SC 4898)

   – Emphasized the importance of proper authentication of electronic documents.

3. Anvar P.V. v. P.K. Basheer (2014, AIR SC 1614)

   – Held that electronic records must comply with Sections 65A and 65B for admissibility.

Key Facts Summary for Evidence Act Section 142

• Section:

  142

• Title:

  Definition of Document

• Category:

  Documentary Evidence, Admissibility

• Applies To:

  Parties presenting documentary evidence, courts, investigators

• Proceeding Type:

  Civil and Criminal

• Interaction With:

  Sections 65A, 65B, 59, 63, 64

• Key Use:

  Establishes what qualifies as a document for evidence purposes

Conclusion on Evidence Act Section 142

Section 142 plays a foundational role in evidence law by defining the term 'document' broadly and inclusively. This clarity helps courts admit a wide range of materials as evidence, from traditional writings to modern electronic records. It ensures that relevant and reliable documentary evidence is not excluded due to technicalities.

Understanding this section is essential for legal practitioners to effectively present and challenge documentary evidence. Its relevance continues to grow with technological advances, making it a cornerstone of contemporary evidentiary practice in Indian courts.

FAQs on Evidence Act Section 142

What does Section 142 define as a document?

Section 142 defines a document as any matter expressed or described on any substance by letters, figures, or marks, intended or usable for recording information.

Does Section 142 include electronic records?

Yes, electronic records fall under the definition of documents but must also meet conditions under Sections 65A and 65B for admissibility.

Who must prove a document’s authenticity?

The party presenting the document must prove its authenticity and relevance to the case for it to be admitted as evidence.

Can oral statements be considered documents under Section 142?

No, oral statements are not documents as they are not recorded on any substance; Section 142 applies only to recorded information.

When is Section 142 applied during legal proceedings?

Section 142 applies during investigation, trial, and appeal stages whenever the admissibility or nature of documentary evidence is considered.