Whether Court Can Consider Unregistered document as Evidence – Let’s check
Let’s Have a look in to the basic Provisions which deals with Documents: As per Section 56 of the Bharatiya Sakshya Adhiniyam, 2023, the contents of document has to be proved either by primary or secondary evidence. Primary evidence means the document itself produced for the inspection of the court and secondary evidence includes those documents mentioned under section 58 of the Bharatiya Sakshya Adhiniyam, 2023. Section 17 of the registration Act Mandates that registration of certain documents and Section 49(c) of the registration Act states that No document required registration under section 17 to be registered shall be received as evidence of any transaction affecting such property or conferring such power, unless it has to be registered. The proviso of Section 49 makes an exception to the aforesaid provision in case of a suit for specific performance and collateral transaction not required to be effected by registered instrument. Thereby an unregistered ...