Section 294(3) of the Cr. P. C. allows for documents filed by the prosecution or the accused, whose genuineness is not disputed, to be read as substantive evidence without the need for further proof.

( 1 ) THE question that has been referred to us for decision is: can an injury report filed by the prosecution which has been admitted to be genuine by the accused, be read as substantive evidence under Section 294 (3), Cr. P. C. ?

( 2 ) SECTION 294, Cr. P. C. runs as follows:

294 (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document. (2) The list of documents shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Code without proof of the signature of the person by whom it purports to be signed: provided that the Court may, in its discretion, require such signature to be proved.

( 3 ) THE word document is not defined in the Code of Criminal Procedure, but in view of Section 2 (y), Cr. P. C. words and expressions used in the Code, which are not defined in the Code, but defined in the Indian Penal Code, have the meanings respectively assigned to them in that Code. The word document is defined in Section 29, I. P. C. , which is 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. Explanation I.- It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not. . . .

( 4 ) THE word any appearing before the word document means an indefinite number and makes sub-section (1) of Section 294, Cr. P. C. applicable to all documents filed by the prosecution or the accused irrespective of their nature and character. Sub-section (1) of Section 294, Cr. P. C. therefore, requires that particulars of all documents, which are to be filed by the prosecution or the accused, must be mentioned in a list and the opposite party, or their pleaders, shall be called upon to admit or deny the genuineness of such documents.

( 5 ) IT is clear from a plain reading of Sub-section (3) of Section 294, Cr. P. C. that it is applicable only to those documents filed by the prosecution or the accused under Sub-section (1) of Section 294 Cr. P. C. whose genuineness is not disputed by the Opposite party and such documents may be read in evidence under that Sub-section. If the genuineness of a document filed by the prosecution or the accused under Sub-section (1) of Section 294 (3) of Section 294, Cr. p. C. does not apply and such a document cannot be read in evidence under that Sub-section.

( 6 ) THE meaning of the word genuine given in Blacks Law Dictionary, Revised Fourth Edition, page 816 is as follows: as applied to notes, bonds, and other written instruments, this term means that they are truly what they purport to be, and that they are not false, forged, fictitious simulated, spurious, or counterfeit.

( 7 ) THE meaning of the word genuine given in Corpus Juris Secundum, Volume 38 at page 770 is as follows: true, real, authentic, not false, fictitious, simulated, spurious, or counterfeit.

( 8 ) IN our opinion, if the prosecution or the accused does not dispute the genuineness of a document filed by the opposite party under Sub-section (1) of Section 294, Cr. P. C. it amounts to an admission that the entire document is true or correct. It means that the document has been signed by the person by whom it purports to be signed and its contents are correct. It does not only amount to the admission of it being signed by the person by whom it purports to be signed but also implies the admission of the correctness