section 29 indian penal code

INDIAN PENAL CODE

Section 29: “Document”

Section 29: “Document”::--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.

Explanation 1 : It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

Illustrations

A writing expressing the terms of a contract, which may be used as evidence of the contract is a document.

A cheque upon a banker is a document.

A power of attorney is a document.

A map or plan which is intended to be used or which may be used as evidence, is a document.

A writing containing directions or instructions is a document.

Explanation 2 : Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.

Illustration

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature.

COMMENTS

According to s. 2(15) of the Companies Act 1956, `Document’ includes summons, notice, requisition, order, other legal process and registers, whether issued, sent or kept in pursuance of the Companies Act or any other Act or otherwise.

Any decipherable information which is set down in a lasting form would be a document, and if it is printed in India, it is hit by s. 3 of the Press and Registration of Books Act, 1867.–Public Prosecutor v. T. Amrath Rao AIR 1960 AP 176

Documents apply to writings; to words printed, lithographed, or photographed; to maps or plans; to seals, plates, or even stones on which inscriptions are cut or engraved. Within the meaning of the best evident rule, document is any physical embodiment of information or ideas of a letter, a contract, a receipt, a book of accounts, a blue print or an x-ray plate.