Section 29 IPC: Document - Meaning, Definition and Illustrations
Section 29 of the Indian Penal Code, 1860 defined the word "document" broadly by reference to matter expressed or described on a substance through letters, figures or marks and intended, or capable of being used, as evidence of that matter.
Text of Section 29 IPC
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 to Explanation 1
- 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 to Section 29 IPC
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 to Explanation 2
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.
Meaning and Scope of "Document" under Section 29
The definition is not limited to a conventional sheet of written paper. Its language focuses on matter expressed or described on a substance by letters, figures, marks or a combination of them, where that matter is intended to be used, or may be used, as evidence.
Explanation 1 reinforces the breadth of the definition. The method used to form the letters, figures or marks and the substance on which they appear are immaterial. It is also unnecessary that the material be specifically intended for use as evidence in a Court of Justice.
Essential Elements of a Document under Section 29 IPC
- There is matter that is expressed or described.
- The matter is expressed or described upon a substance.
- Letters, figures, marks, or a combination of these means are used.
- The matter is intended to be used, or is capable of being used, as evidence of that matter.
- The particular means used to form the letters, figures or marks is immaterial.
- The substance on which they are formed is also immaterial.
Mercantile or Other Usage under Explanation 2
Explanation 2 recognises that letters, figures or marks may communicate a meaning through established mercantile or other usage even when that meaning is not written out in full. The bill-of-exchange illustration demonstrates this rule: the legal or commercial meaning conveyed by an endorsement is treated as expressed for the purposes of Section 29.
Section 29 and Electronic Records
Immediately before the BNS framework replaced the IPC, Section 29A IPC separately provided that the words "electronic record" had the meaning assigned to them in Section 2(1)(t) of the Information Technology Act, 2000. Section 29 and Section 29A therefore formed part of the IPC's general definitional framework and should be applied according to the expression used in the substantive provision concerned.
Did Section 29 IPC Create an Offence?
No. Section 29 appeared in Chapter II of the IPC, dealing with General Explanations. It defined "document" for the purposes of the Code. Criminal liability and punishment depended on the ingredients of the substantive IPC offence in which a document was relevant.
Frequently Asked Questions
What was a "document" under Section 29 IPC?
It was matter expressed or described on a substance by letters, figures or marks, or by more than one of those means, intended to be used or capable of being used as evidence of that matter.
Must a document be written on paper?
No. Explanation 1 stated that the means by which, and the substance upon which, the letters, figures or marks were formed were immaterial.
Is a cheque a document?
Yes. A cheque upon a banker is expressly identified as a document in the statutory illustrations.
Is a map or plan a document?
Yes, where it is intended to be used or may be used as evidence. Section 29 expressly gives this as an illustration.
Does a document have to be intended for court proceedings?
No. Explanation 1 expressly states that it is immaterial whether the evidence is intended for, or may be used in, a Court of Justice.
Note: This page explains the historical IPC provision for informational purposes. The applicable statutory framework depends on the relevant date, facts and substantive legal provision.