Which one of the following is NOT a public document?

Correct option is C

The correct option is (c) A certified copy of Will.

Explanation

Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, the distinction between public and private documents is governed by Section 74 (corresponding to Section 74 of the old Indian Evidence Act).

• Public Documents (Section 74): These are documents forming the acts, or records of the acts, of sovereign authorities, official bodies, tribunals, and public officers (legislative, judicial, and executive). They also include "public records kept in any State of private documents."
• The Case of a Will: A Will is a private document because it expresses the personal intentions of an individual regarding their property. Even if a Will is registered at the Sub-Registrar's office, it does not become a public document.
• Why is it not public? Unlike a Sale Deed (which becomes a public record once registered), the Registration Act and various judicial precedents (like those from the Supreme Court and High Courts) clarify that a Will remains a private document. The Registrar merely keeps it in "safe custody." Since the public does not have an inherent right to inspect a Will during the testator's lifetime, a certified copy of a Will is not treated as a public document under Section 74.

Information Booster:

The BSA 2023 categorizes documents into two types:

1. Public Documents (Section 74): Documents that are open to public inspection and are issued by public servants in their official capacity. Examples include FIRs, Charge Sheets, Judgments, and Land Records.
2. Private Documents (Section 75): All other documents that are not public. These include contracts, private letters, and Wills.

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