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.
IPC Section 29: Simplified Explanation
IPC Section 29 of the Indian Penal Code (IPC) defines a “document.” This definition is essential for understanding the scope of various offences under the IPC, particularly those related to forgery, fraud, and document falsification. A clear understanding of what constitutes a document is essential for interpreting these and other related provisions of the law.
According to Section 29, a “document” is anything expressed or described on any substance using letters, figures, or marks, or a combination of those means, intended or capable of being used as evidence of that matter.
This definition has several vital aspects that are worth noting. First, it highlights that a document can be anything upon which information is recorded. This can include paper, electronic forms, or other materials where letters, figures, or marks convey a message or record information.
Second, it acknowledges various forms of expression, including writing, printing, lithography, and other methods of creating a document. This ensures that the definition remains applicable regardless of technological advancements in information recording and presentation.
Third, for something to be considered a document under this section, it must be intended or capable of being used as evidence of the matter expressed. This points to the document’s legal significance in terms of its potential use in proving something within a judicial or formal context.
Finally, the broad definition ensures that various types of documents, including but not limited to contracts, written agreements, official records, electronic documents, and even symbols or codes intended to convey meaning, fall under this category if they meet the criteria.
Understanding the definition of a document is vital for several reasons. It aids in identifying what materials can be presented as evidence in court or legal processes, influencing the outcome of cases involving documentation. It is also foundational for interpreting sections of the IPC that deal with offences like forgery, fraud, and the destruction or falsification of evidence, as these sections rely on the concept of what constitutes a document. Additionally, including figures and marks alongside letters and the non-specific nature of the “substance” upon which these are expressed allows the definition to adapt to new forms of documents, including digital and electronic documents.
