#THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and extent. 
2. Statements of relevant facts in scheduled documents to be themselves relevant facts. 
3. Presumption as to genuineness of documents. 
4. Definition. 
THE SCHEDULE. 



#THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 

##ACT NO. 30 OF 1939
[^1]

[26th September, 1939.] 

An Act to amend the Law of Evidence with respect to certain commercial 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) This  Act  may  be  called  the  Commercial  Documents  Evidence  Act, 1939. 

(2) It extends to the whole of India except the territories which, immediately  before  the  1st 
November, 1956, were comprised in Part B States. 

##STATE AMENDMENTS 

**Karnataka**

**Amendment of Central Act XXX of 1939.**––In  sub-section  (2)  of  section  1  of  the  Commercial 
Documents Evidence Act, 1939 (Central Act XXX of 1939), after the words and letter “in Part B States” 
the words, brackets, figures and letters “other than the territories specified in clause (a) and clause (c) of 
sub-section  (1)  of  section  7  of  the  [States  Re-organisation  Act,  1956  (Central  Act  XXXVII  of  1956)”] 
shall be added. 

*[Vide* Karnataka Act 33 of 1978, s. 7]. 

2. **Statements  of  relevant  facts  in  scheduled  documents  to  be  themselves  relevant 
facts.** ––Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), statements of 
facts in  issue  or  of  relevant  fact  made  in  any  document  included  in  the  Schedule  as  to  matters  usually 
stated in such document shall be themselves relevant facts within the meaning of that Act. 

3. **Presumption as to genuineness of documents.**—For the purposes of the Indian Evidence 
Act, 1872 (1 of 1872), and notwithstanding anything contained therein, a Court— 

  (a) shall presume, within the meaning of that Act,  in  relation  to  documents  included in 
Part I of the Schedule, and 

  (b) may  presume,  within  the  meaning  of  that  Act,  in  relation  to  documents  included  in 
Part II of the Schedule,— 

that any document purporting to be a document included in Part I or Part 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. 

4. **Definition.**—In the Schedule the expression “recognised Chamber of Commerce” means a 
Chamber of Commerce recognised by the Government of its country as being competent to issue 
certificates of origin, and includes any other association similarly recognised. 

 
 
##THE SCHEDULE 

(See sections 2 and 3) 

###PART I 

*Documents in relation to which the Court “SHALL presume”.*

1. Lloyd’s Register of Shipping. 

2. Lloyd’s Daily Shipping Index. 

3. Lloyd’s Loading List. 

4. Lloyd’s Weekly Casually Reports. 

5. Certificate of delivery of goods to the Manchester Ship Canal Company. 

6. Official log book, supplementary official log book and official wireless log kept by a British ship. 

7. Certificate  of  Registry,  Safety  Certificate,  Safety  Radio-Telegraphy  Certificate,  Exemption 
Certificate,  Certificate  of  Survey,  Declaration  of  Survey,  International  Load  Line  Certificate, Indian 
Load Line Certificate, Report of Survey of a ship provisionally detained as unsafe, Report of Survey to 
be  served  upon  the  master  of  a  ship  declared  unsafe  upon  survey,  Docking  Certificate,  Memorandum 
issued under Article 56 of the International Convention for the Safety of Life at Sea, 1929. 

8. Certificates A and B issued under the Indian Merchant Shipping Act, 1923. 

9. The  following  documents  relating  to  marine  insurance,  namely,  insurance  policy,  receipt  for 
premium, certificate of insurance and insurance cover note. 

10. Certificate  concerning  the  loss  of  country  craft  issued  by  the  appropriate  authority  under 
Department of Commerce, Mercantile Marine Department Circular No. 2 of 1938. 

11. Protest made before a Notary Public or other duly authorised official by a master of a ship relating 
to circumstances calculated to affect the liability of the ship-owner. 

12. Licence or permit for radio-telegraph apparatus carried in ships or aircraft. 

13. Certificate of registration of an aircraft granted by the Government of the country to which the 
aircraft belongs. 

14. Certificate of airworthiness of an aircraft granted or validated by, or under the authority of, the 
Government of the country to which the aircraft belongs. 

15. Licences and certificates of competency of aircraft personnel granted or validated by, or under the 
authority of, the Government of the country to which the personnel belongs. 

16. Ground  Engineer’s  licence  issued  by  a  competent  authority  authorised  in  this  behalf  by 
Government. 

17. Consular Certificate in respect of goods shipped or shut out, consular certificates of origin, and 
consular invoice. 

18. Certificate  of  originof  goods  issued  (but  not  merely  attested)  by  a  recognised  Chamber  of 
Commerce, or by an Indian or British Consular officer, or by an Indian or British Trade Commissioner 
or Agent. 

19. Receipt for payment of customs duty issued by a customs authority. 

20. Schedule  issued  by  a  port,  dock,  harbor,  wharfage  or  warehouse  authority,  or  by  a  Railway 
company,  showing  fees,  dues,  freights  or  other  charges  for  the  storage,  transport  of  other  services  in 
connection with goods. 

21. Tonnage schedule and schedule of fees, commission or other charges for services rendered, issued 
by a recognised Chamber of Commerce. 

22. The  publication  known  as  the  Indian  Railway  Conference  Association  Coaching  and  Goods 
Tariffs. 

23. Copy, certified by the Registrar of Companies, of the Memorandum or the articles of association 
of a company, files under the Indian Companies Act, 1913[^2]. 

24. Protest, nothing and certifying the dishonor of a bill of exchange, made before a Notary Public or 
other duly authorised official. 

________ 

##PART II 

*Documents in relation to which the Court “MAY presume”*

1. Survey report issued by a competent authority — 

  (i) in respect of cargo loaded; or 

  (ii) certifying the quantity of coal loaded; or 

  (iii) in respect of the security of hatches. 

2. Official log book, supplementary official log book and official wireless log kept by a foreign ship. 

3. Dock certificate, dock chalan, dock receipt or warrant, port warehouse certificate or warrant, issued 
by, or under the authority of, a port, dock, harbour or wharfage authority. 

4. Certificate  issued  by  a  port,  dock,  harbour,  wharfage  or  other  authority  having  control  of 
acceptance of goods for shipping, transport or delivery, relating to the date or time of shipment of goods, 
arrival of goods for acceptance, arrival of vessels or acceptance or delivery of goods, or to the allocation 
of berthing accommodation to vessels. 

5. Export application issued by a port authority showing dues paid, weight and measurement and the 
shutting out of a consignment. 

6. Certificate or receipt showing the weight or measurement of a consignment issued by the official 
measurer of the Conference Lines, or by a sworn or licensed measurer, or by a recognised Chamber of 
Commerce. 

7. Reports  and  publications  issued  by  a  port  authority  showing  the  movement  of  vessels  and 
certificates issued by such authority relating to such movements. 

8. Certificate of safety for flight signed by a licensed Ground Engineer. 

9. Aircraft log book, journey log book and log book, maintained by the owner or operator in respect 
of aircraft. 

10. Passenger list or manifest of goods carried in public transport aircraft. 

11. Passenger ticket issued by a steamship company or air transport company. 

12. Air consignment note and baggage check, issued by an air transport company in respect of goods 
carried by air, and the counterfoil or duplicate thereof retained by the carrier. 

13. Aircraft load sheet. 

14. Storage warrant of a warehouse recognised by a customs, excise, port, dock, harbour, wharfage or 
warehouse authority. 

15. Acknowledgment  receipt  for  goods  granted  by  a  port,  dock,  harbour,  wharfage  or  warehouse 
authority or by a Railway or Steamship company. 

16. Customs or excise pass and customs or excise permit or certificate, issued by a customs or excise 
authority. 

17. Force majeure certificate issued by a recognised Chamber of Commerce. 

18. Receipt of a Railway or Steamship company granted to a consignor in acknowledgment of goods 
entrusted to the company for transport. 

19. Receipt granted by the Posts and Telegraphs Department. 

20. Certificate or survey award issued by a recognised Chamber of Commerce relating to the Quality, 
size, weight or valuation of any goods, count of yarn or percentage of moisture in yarn and other goods. 

21. Copy, certified by the Registrar of Companies, of the balancesheet, profit and loss account, and 
audit report of a company, filled with the said Registrar under the Indian Companies Act, 1913[^2], and the 
rules made thereunder. 



[^2]. See now the Companies Act, 1956 (1 of 1956). 