Tuesday, 12 November 2024

What is difference between document and instrument?

 Document vs. Instrument


Document: Defined under Section 3(18) of the General Clauses Act, 1897. A document can be any written or recorded proof like letters, emails, photographs, or agreements. Basically, anything that can be used as evidence.

Section 2(d) of BSA 2023- "Document" means any matter expressed or described or otherwise recorded upon any substance by means of letters, figures or marks or any other means or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter and includes electronic and digital records.

Instrument: Defined under Section 2(14) of the Indian Stamp Act, 1899- An instrument is a specific type of document. It’s used to create, transfer, or record rights and obligations. Examples include deeds, contracts, promissory notes, and wills. Instruments are documents, but they go a step further by formalizing legal relationships.

In short: Every instrument is a document, but not every document is an instrument.

Why does this matter? Instruments often require proper stamping under the Indian Stamp Act because they establish or change legal rights and obligations, whereas other documents may not.
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