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Report No. 60

3.35. The words "which is intended etc." examined.-

So much as regards the principal elements of the definition of document. Now, a verbal point may be mentioned. The words "which is intended to be used or which may be used for the purpose of recording that matter", in the existing definition raise one question.

Are these words to be read with

(i) 'matter', or

(ii) 'letters, figures or marks', or

(iii) 'means',

(iv) 'substance'?

The first interpretation would involve repetition of 'matter', which makes it meaningless. The second interpretation is a plausible one, but the plural "letters" etc. goes ill with the singular "which is". The third also suffers from the same defect, as "means" has been used in the plural in the definition. The fourth is in harmony with the singular. Since it is the expression "which is" which has caused difficulty, it is proposed to make it plural, and to link it up with "means". The means could be used, or are intended to be used, for recording the idea.

3.36. The (Indian) Official Secrets Act, 1923, defines "document" as including a part of document. But such a clarification appears to be unnecessary in this Act.

General Clauses Act, 1897 Back

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