THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939

An Act to amend the Law of Evidence with respect to certain documents.

Whereas it is expedient to amend the Law of Evidence with respect to certain commercial
documents;
It is hereby enacted as follows:
1. Short title and extent. !1" #his $ct may be called #he %ommercial &ocuments' Evidence $ct(
1)*).
!+" It extends to the whole of India except
i
[1] ,the territories( which immediately before the 1st
-ovember( 1)./( were comprised in 0art 1 States.2
+. Statements of relevant facts in scheduled documents to be themselves relevant facts.
-otwithstandin3 anythin3 contained in the Indian Evidence $ct( 145+( statements of facts in
issue or of relevant facts made in any document included in the Schedule as to matters usually
stated in such document shall be themselves relevant facts within the meanin3 of that $ct.
*. 0resumption as to 3enuineness of documents. 6or the purpose of the Indian Evidence $ct(
145+( and notwithstandin3 anythin3 contained therein( a %ourt
!a" shall presume( within the meanin3 of that $ct( in relation to documents included in 0art I of the
Schedule( and
!b" may presume( within the meanin3 of that $ct( in relation to documents included in 0art II of the
Schedule(
that any document purportin3 to be a document included in 0art I or 0art II of the Schedule( as
the case may be( and to have been duly made by or under the appropriate authority( was so
made and that the statements contained therein are accurate.
%omments
#he presumption under Section *!b" is not compulsory as in the case of Section *!a". It is the
discretion of the %ourt. !$I7 1).4 S.%. 8*5".
8. &efinition. In the Schedule the expression 'reco3nised %hamber of %ommerce' means a
%hamber of %ommerce reco3nised by the 9overnment of its country as bein3 competent to issue
certificates or ori3in( and includes any other association similarly reco3nised.
#:E S%:E&;LE
,See Sections + and *2
1. Lloyd<s 7e3ister of Shippin3.
+. Lloyd<s &aily Shippin3 Index.
*. Lloyd<s Loadin3 List.
8. Lloyd<s Wee=ly %asualty 7eports.
.. %ertificate of delivery of 3oods to the >anehester Ship %anal %ompany.
/. ?fficial lo3 boo=( supplementary ?fficial lo3 boo= and official wireless lo3 =ept by a 1ritish ship.
5. %ertificate of 7e3istry( Safety %ertificate( Safety 7adio#ele3raphy %ertificate( Exemption
%ertificate( %ertificate of Survey( &eclaration of Survey( International Load Line %ertificate( Indian
Load Line %ertificate( 7eport of Survey of a ship provisionally detained as unsafe( 7eport of
Survey to be served upon the master of a ship declared unsafe upon survey( &oc=in3 certificate(
>emorandum issued under $rticle ./ of the International %onvention for the Safety of Life at Sea(
1)+).
4. %ertificates $ and 1 issued under the Indian >erchant Shippin3 $ct( 1)+*.
). #he followin3 documents relatin3 to marine insurance( namely( insurance policy( receipt for
premium( certificate of insurance and insurance cover note.
1@. %ertificate concernin3 the loss of countrycraft issued by the appropriate authority under
&epartment of %ommerce( >ercantile >arine &epartment %ircular -o. + of 1)*4.
11. 0rotest made before a -otary 0ublic or other duly authorised official by a master of a' ship
relatin3 to circumstances calculated to affect the liability of the ship owner.
1+. Licence or permit for radiotele3raph apparatus carried in ships or aircraft.
1*. %ertificate or re3istration of an aircraft 3ranted by the 9overnment of the country to which the
aircraft belon3s.
18. %ertificate of airworthiness of an aircraft 3ranted or validated by( or under the authority of( the
9overnment of the country to which the aircraft belon3s.
1.. Licences and certificates of competency of aircraft personnel 3ranted or validated by( or under
the authority of( the 9overnment of the country to which the personnel belon3s.
1/. 9round En3ineer<s Licence issued by a competent authority authorised in this behalf by
9overnment.
15. %onsular %ertificate in respect of 3oods shipped or shut out( consular certificates of ori3in and
consular invoice.
14. %ertificate of ori3in of 3oods issued !but not merely attested" by a reco3nised %hamber of
%ommerce( or by an Indian or 1ritish %onsular ?fficer or by an Indian or 1ritish #rade
%ommissioner or $3ent.
1). 7eceipt for payment of customs duty issued by a %ustoms authority.
+@. Schedule issued by a port( harbour( doc=( wharfa3e or warehouse authority( or by a railway
company( showin3 fees( dues( frei3hts or other char3es for the stora3e( transport or other
services in connection with 3oods.
+1. #onna3e schedule and schedule of fees( commission or other char3es for services rendered(
issued by a reco3nised %hamber of %ommerce.
++. #he publication =nown as the Indian 7ailway %onference $ssociation %oachin3 and 9oods
#ariffs.
+*. %opy( certified by the 7e3istrar of %ompanies( or the memorandum or the articles of
association of a company( filed under the Indian %ompanies $ct( 1)1*.
+8. 0rotest( notin3 and certifyin3 the dishonour of a bill of exchan3e( made before -otary 0ublic
or other duly authorised official.
0$7# II
&ocuments in relation to which the %ourt '>$A presume'.
1. Survey report issued by a competent authority
'!i"' in respect of car3o loaded; or
'!ii"' certifyin3 the Buantity of coal loaded; or
'!iii"' in respect of the security of hatches.
+. ?fficial lo3 boo=( supplementary official lo3 boo= and official wireless lo3 =ept by a forei3n ship.
*. &oc= certificate( doc= chalan( doc= receipt or warrant( port warehouse certificate or warrant(
issued by or under the authority of( a port( doc=( harbour or wharfa3e' authority.
8. %ertificate issued by a port( doc=( harbour( wharfa3e or other authority havin3 control of
acceptance of 3oods for shippin3( transport or delivery( relatin3 to the date or time of shipment of
3oods( arrival of 3oods for acceptance( arrival of vessels or acceptance or delivery of 3oods( or to
the allocation of berthin3 accommodation to vessels.
.. Export application issued by a port authority showin3 dues paid( wei3ht and measurement and
the shuttin3 out of a consi3nment.
/. %ertificate or receipt showin3 the wei3ht or measurement of a consi3nment issued by the
official measurer of the %onference Lines( or by a sworn or licensed measurer( or by a reco3nised
%hamber of %ommerce.
5. 7eports and publications issued by a 0ort authority showin3 the movement of vessels( and
certificates issued by such authority relatin3 to such movements.
4. %ertificate of safety for fli3ht si3ned by a licensed 9round En3ineer.
). $ircraft lo3 boo=( Courney lo3 boo= and lo3 boo= maintained by the owner or operator in respect
of aircraft.
1@. 0assen3er list or manifest of 3oods carried in public transport aircraft.
11. 0assen3er tic=et issued by a steamship company or air transport company.
1+. $ir consi3nment note and ba33a3e chec=( issued by an air transport company in respect of
3oods carried by air( and the counterfoil or duplicate thereof retained by the carrier.
1*. $ircraft load sheet.
18. Stora3e warrant of a warehouse reco3nised by a customs( excise( port( doc=( harbour or
wahrfa3e authority.
1.. $c=nowled3ment receipt for 3oods 3ranted by a port( doc=( harbour( wharfa3e or warehouse
authority or by a 7ailway or Steamship company.
1/. %ustoms or excise pass and customs or excise permit or certificate( issued by a customs or
excise authority.
15. 6orce maCoure certificate issued by a reco3nised %hamber of %ommerce.
14. 7eceipt of a 7ailway or Steamship company 3ranted to a consi3nor in ac=nowle3ement of
3oods entrusted to the company for transport.
1). 7eceipt 3ranted by the 0osts and #ele3raph &epartment.
+@. %ertificate or survey award issued by a reco3nised %hamber of %ommerce relatin3 to the
Buality( siDe( wei3ht or valuation( of any 3oods( count of yarn or percenta3e of moisture in yarn
and other 3oods.
+1. %opy( certified by the 7e3istrar of %ompanies( of the balancesheet( profit and loss account
and audit report of a company filed with the said 7e3istrar under the Indian %ompanies $ct( 1)1*(
and the rules made thereunder.
i[1] Subs. by $.?. -o. * of 1)./.