Drafting, Pleadings and Appearances · Types of Documents

Classification of Documents in Drafting and Conveyancing

Updated 11 October 2026

Classification of documents means sorting documents into groups by a chosen test. The main tests are who made the document and its public nature (public or private), and its form and legal effect (formal or informal). You answer by naming the test, defining each group, giving Indian examples and stating the practical consequence.

Understand Classification of Documents

A document is any matter recorded on paper or another medium, by letters, figures or marks, that can be used as evidence of what it records. Classification is simply a way of grouping documents so that you know how to treat each one: how to draft it, whether it needs stamping or registration, and how it is proved in court.

There is no single classification. Each one uses a different test. You must always state the test first, because an examiner marks you on the basis of classification as much as on the groups.

Public and private documents. Public documents are defined in Section 74 of the Bharatiya Sakshya Adhiniyam, 2023, which is the current law on evidence and has been in force from 1 July 2024. It corresponds to Section 74 of the Indian Evidence Act, 1872, which is now repealed. In plain words, public documents are documents that form the acts, or records of the acts, of the sovereign authority, of official bodies and tribunals, and of public servants, whether legislative, judicial or executive. Public records kept of private documents are also public documents. Examples: court judgments, electoral rolls, and the registers and records kept by the Registrar of Companies. Public inspection is not part of the statutory definition, so do not make it a condition.

Be careful about what is public here. A document that a company files with the Registrar of Companies is still a private document. The Registrar's register is the public record kept of it.

A sale deed is a good case to remember. The deed itself stays a private document, even after registration. The Registrar's register, which is a public record kept of that private document, is a public document. Proof by a certified copy of the register entry flows from the provision on certified copies of public documents.

A private document is every other document, such as a loan agreement between two companies, a partnership deed, a board's internal note or a private letter. Public documents can be proved by a certified copy. Private documents usually have to be proved by the original, or by secondary evidence only where the law allows it.

Formal and informal documents. A formal document follows a prescribed or well-settled form, uses set language and is usually signed, witnessed, stamped or registered. Examples: a deed of conveyance, a mortgage deed, a memorandum of association, a power of attorney. An informal document has no required form, such as a simple letter, a memo, an email, a note or a receipt. It can still be binding if it has the essentials of a contract or is otherwise legally effective. Informality affects form, not automatically validity.

Other categories you should be able to name: documents of title and documents of other kinds; unilateral and bilateral documents (a will or a power of attorney versus a contract); documents inter vivos and testamentary (taking effect during life versus on death); registered and unregistered; stamped and unstamped; and original and copy. Treat each as a separate test with its own consequence.

Key rules to remember

Public document test: Public document = acts or records of the acts of the sovereign authority, official bodies and tribunals, or public servants + public records kept of private documents; Certified copies are admissible to prove it. Do not call a document public merely because it was filed with an authority. A registered private deed stays private, but the Registrar's record of it is a public record.
Private document test: Private document = any document that is not public; Usually proved by the original. Secondary evidence is allowed only in the cases the law permits.
Formal vs informal test: Formal = prescribed or settled form + set language + usual execution formalities; Informal = no prescribed form; The test is form, not importance or validity.
Bilateral vs unilateral: Bilateral = two or more parties; Unilateral = one party; A contract is bilateral. A will and a power of attorney are unilateral in their making.
Inter vivos vs testamentary: Inter vivos = operates during the maker's life; Testamentary = operates after death; A will is the standard testamentary document.

How to solve Classification of Documents questions

Use this method for any question that asks you to classify, distinguish or give examples of documents.

1Define a document in one line, as a record of matter that can be used as evidence.
2State the test of classification you are using. If the question names a pair, such as public and private, use that pair.
3Define each category in plain words, with its key feature.
4Give two Indian examples for each category, such as a registered sale deed, a court judgment, a loan agreement or a board memo.
5Show the difference with practical consequences: proof, form, stamping, registration or inspection.
6Mention other recognised classifications briefly, if the question is open-ended.
7Apply to the facts if a scenario is given, and write a clear one-line conclusion.

Quickest way: Test, define, example, consequence

When to use it: Use it for short-answer questions and for the opening of a long answer when time is limited.

Write the test in one phrase, for example 'by nature of maker and public access'.
Write one-line definitions of the two categories side by side in two short paragraphs.
Add one example for each.
Close with one practical consequence, such as how each is proved or whether form is prescribed.
If the question has facts, add a single line applying the test to those facts.

Common mistakes in Classification of Documents

Calling a document public just because it was filed with a government office.
Students link 'public' to the place where the document is kept, not to who made it and its official character.
Fix: Check whether it forms the act or record of the acts of a public authority, official body or tribunal, or is a public record kept of a private document. A private agreement filed with an authority does not become a public document. The authority's record of it may be public, but the agreement itself stays private.
Saying informal documents have no legal value.
Informal is confused with invalid.
Fix: Say that informal means no prescribed form. A letter, email or receipt can create or prove rights if the legal essentials are present.
Listing categories without stating the test of classification.
Students memorise lists instead of the logic behind them.
Fix: Begin each category with its test, for example 'by form' or 'by time of operation'. The test earns marks and keeps the answer structured.
Treating all formal documents as compulsorily registrable.
Formality is mixed up with the requirement of stamping and registration.
Fix: Keep these separate. Whether a document must be stamped or registered depends on the Indian Stamp Act, 1899 as applicable in the State concerned (or the relevant State stamp law) and the Registration Act, 1908, not on whether it is formal.
Giving only definitions with no examples.
Students rush and rely on theory.
Fix: Always attach at least one Indian example to each category, for example a court judgment (public) and a shareholders' agreement (private).

Worked examples

Example 1

Distinguish between public and private documents with suitable examples. Explain why the distinction matters in practice.

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Test: the classification depends on whether the document forms the act or record of the acts of a public authority, official body, tribunal or public servant, or is a public record kept of a private document.
Public document: Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 74 of the Indian Evidence Act, 1872, now repealed) covers such documents. Examples: a court judgment, the registers kept by the Registrar of Companies, the Registrar's register entry of a registered sale deed.
Private document: any document that is not public. Examples: a loan agreement between two companies, a partnership deed, a board's internal note. The sale deed itself also stays private even after registration, and a document a company files with the Registrar of Companies stays private too. The Registrar's register is the public record.
Difference in proof: a public document can generally be proved by a certified copy, under the provision on certified copies of public documents. A private document is generally proved by the original, and secondary evidence is allowed only where the law permits.
Difference in access: public records can be inspected and certified copies obtained on the prescribed terms. Private documents are not open to public inspection as of right.
Conclusion: the distinction governs how a document is proved, who can see it and how it is drafted and kept.

Answer: A public document is an act or record of the acts of a public authority, official body, tribunal or public servant, or a public record kept of a private document, and it can be proved by a certified copy. A private document is any other document and is generally proved by the original. The distinction matters for proof and access.

Example 2

Aarav Textiles Pvt. Ltd. sends a supplier a short email confirming an order for fabric worth ₹4,80,000, and later executes a registered mortgage deed over its factory. Classify both documents as formal or informal and explain the legal position of each.

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Test: form, meaning whether the document follows a prescribed or settled form and execution formalities.
The email: no prescribed form, no set language, no formal execution. It is an informal document.
Its legal effect: informal does not mean invalid. If it records an offer and acceptance with lawful consideration, it can be a binding contract and evidence of the order.
The mortgage deed: it follows a settled structure with parties, recitals, operative part and schedule, and is executed with signature and attestation. It is a formal document.
Its legal effect: it is also subject to stamping and registration requirements under the relevant statutes, so these must be checked and complied with.
Contrast: the difference lies in form and formalities. Both can be legally effective.

Answer: The email is an informal document and can still bind the parties if the essentials of a contract are met. The mortgage deed is a formal document, executed with the required formalities and subject to stamping and registration as the law requires.

Exam tips

Open every answer with the test of classification. It shows structure and is easy for the examiner to credit.
Always give Indian examples, such as a Registrar's record, a court judgment, a loan agreement or an email order confirmation.
In a distinction question, write both sides in parallel and finish with the practical consequence, such as proof or form.
You can safely cite Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 for public documents, noting that it corresponds to Section 74 of the Indian Evidence Act, 1872, now repealed. Do not quote other section numbers unless you are sure of them. Describe the rule in plain words.
For scenario questions, classify each document separately and then link the classification to stamping, registration or proof.

Practice questions from Types of Documents

Classification of Documents: frequently asked questions

What is the difference between public and private documents?

A public document is an official record made by a public servant or public body, such as a court judgment or a Registrar's record. A private document is any other document, such as a contract between companies. Public documents can usually be proved by certified copies, while private ones are usually proved by the original.

What is the difference between formal and informal documents?

A formal document follows a prescribed or settled form and is executed with formalities, for example a sale deed or a power of attorney. An informal document has no required form, for example a letter or an email. Informal documents can still be legally binding.

Is there only one way to classify documents?

No. Documents can be classified by many tests, such as public or private, formal or informal, unilateral or bilateral, and by time of operation. State the test you are using in each answer.

Does a formal document always need registration?

No. Registration depends on the law that applies to the particular kind of document, such as the Registration Act, 1908 and the Transfer of Property Act, 1882. Being formal does not itself make a document compulsorily registrable.