What is Document?
A document is something that keeps a record of events or things so that we don't forget the information. Most times, documents are written, but they can also be made with pictures and sounds. Documents usually follow certain rules based on previous documents or specific needs. Some common examples of documents include sales receipts, wills, newspapers, stories in newspapers, recordings of stories told by people, official orders, and details about products.
A documents can be referred as anything that conveys the message, contains information, symbols, numbers etc. written or inscribed.
According to Section 3 of Indian Evidence Act (I) of 1872, a document may be defined as under:-
“Document means any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, indented to be used or which may be used for purpose or recording that matter.”
Illustrations:
- A writing is a document;
- Words printed, lithographed or photographed are documents;
- A map or plan is a document;
- An inscription on a metal plate or stone is a document;
- A caricature is a document.
Section 29 of Indian Penal Code defines documents as follows:
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.
What is Questioned Document/Disputed Document/Contested Document/Objectionable Document?
A questioned document refers to a piece of writing whose authenticity is challenged or legitimacy is called into question for various reasons. Alternatively, a document, or a portion thereof, transforms into a questioned document when uncertainty surrounds its source of origin. These types of documents are also referred to as 'disputed' or 'contested' documents.
Explanation:
Imagine you have a piece of paper with some writing on it, like a letter or a note. Now, sometimes people look at that writing and start to wonder if it's really true or if someone might have faked it. When this happens, we call that piece of writing a "questioned document."
The reason for questioning the document could be because the way it looks or the information it has seems a bit strange or not quite right. Maybe the handwriting doesn't match what we expect from that person, or the paper it's on doesn't seem like the usual kind they use.
Another reason to question a document is when we're not sure where it came from. We might wonder if the paper was really written by the person whose name is on it, or if it was made up by someone else. When we're not confident about where the document came from, we say it's a questioned document.
These kinds of documents are also given other names like "disputed" or "contested" documents. It's like when two people have different opinions about something, and they argue or fight over it. In this case, the document is what they're arguing about.
So, in simpler words, a questioned document is a piece of writing that people are unsure about. They might not believe it's real, or they might not be sure where it came from. And when people argue about these documents, we call them "disputed" or "contested" documents.
Characteristics of Questioned Documents:
- Unknown Source of Documents
- Authenticity is Questioned
- Conflict Attached
- Author Unknown
Types of Documents Depending on Nature:
- Wills
- Security Documents
- Bank Note
- Passport
- Cheque
- Aadhar Card
- PAN
- Suicide Notes
- Anonymous Letters
- Travel Documents
- Passport
- VISA
- Property Documents
- Fake Degree/Mark sheets
- Loan Sanction Orders
- Stamp Papers
- Postal Stamp
- Books
- Revenue Stamp
- Stamp Impression
Types of Documents in a Questioned Documents and (QD) and Standard Document (SD):
Admitted Writing:
The term "Admitted Writing Sample (non-requested)" refers to the organic instances of the individual's writing that have been voluntarily provided, not explicitly solicited. These samples are a reflection of the suspect's everyday writing style, generated without conscious effort. They can be derived from official correspondences, personal letters to acquaintances, or even notes found in diaries and notebooks. In the realm of forensic analysis, these samples possess a distinct advantage - the writer's lack of awareness regarding their future use as reference material.
To amass admitted writing samples, one can source them from a variety of contexts, including official government documents, utility invoices, past bank applications, official memos, educational institution materials, and exchanges with friends. The process of selecting these samples hinges on a word-based approach, aiming to identify resemblances in the initial, connecting, and terminal strokes within the disputed document.
When gathering these exemplars, it is prudent to seek contemporaneous samples - those originating from the same time frame as the questioned document. While it's ideal to match the writing instruments for consistency, circumstances might preclude this. In such instances, certain attributes like pen pressure and shading might be disregarded during the analysis process.
Holographs:
A holograph document refers to a type of handwritten document that is entirely composed by the author's own hand. In other words, it is a document that is written, signed, and created by the same person without the involvement of a scribe or typist. The term "holograph" in this context does not relate to the three-dimensional holograms commonly associated with images, but rather it pertains to the original meaning of the Greek words "holos" (whole) and "grapho" (write).
Holograph documents are often of significance in legal, historical, and forensic contexts because they can provide a direct and authentic representation of the author's thoughts, intentions, and style. For example, a holograph will typically include the author's distinctive handwriting, which can be analyzed for forensic purposes to determine authorship or authenticity.
In legal matters, holograph wills (handwritten wills) can hold legal validity in some jurisdictions if they meet specific legal requirements. However, laws and regulations regarding the validity of holograph documents can vary from place to place. It's important to note that the term "holograph document" can have different interpretations in various contexts, so its exact meaning can depend on the legal and cultural norms of a particular jurisdiction.
