The terms “exhibited documents” and “marked documents” refer to how documents are treated and labeled during the course of a judicial proceeding, especially during the trial. These terms have distinct meanings and implications in Indian legal practice (and similarly in other common law jurisdictions). Here’s a clear distinction:
🔹 Marked Documents
- Definition: Documents that are tendered during evidence but not formally exhibited, often because their admissibility has been objected to or reserved for decision at a later stage.
- Marking Style:
- Plaintiff’s side: Marked as “Mark A”, “Mark B”, etc.
- Defendant’s side: Marked as “Mark D1”, “Mark D2”, etc.
- Legal Value: Not evidence yet — they are merely taken on record provisionally.
- Purpose: To identify the document for the record even though its admissibility is undecided.
Example: A document is produced by the witness, but the opposite counsel objects to it for being unstamped or unauthenticated. The court marks it as “Mark A” and keeps it on file without formally exhibiting it.
🔹 Exhibited Documents
- Definition: Documents that have been formally admitted into evidence after the court is satisfied as to their admissibility (relevance, proper proof, compliance with Evidence Act, etc.).
- Exhibition Style:
- Plaintiff’s documents: Exhibit P1, P2, P3, etc.
- Defendant’s documents: Exhibit D1, D2, D3, etc.
- Legal Value: They become part of the evidence and can be relied upon by the court in deciding the case.
- Precondition: Requires proof and proper foundation, unless admission is not disputed.
Example: A registered sale deed produced by the plaintiff is accepted as genuine and relevant; it is marked as Exhibit P1 and becomes part of the record.
✅ Key Differences at a Glance
| Feature | Marked Documents | Exhibited Documents |
|---|---|---|
| Status | Tentatively on record | Formally part of evidence |
| Labeling | Mark A, Mark B / Mark D1, etc. | Exhibit P1, P2 / Exhibit D1, D2, etc. |
| Admissibility Decided | No | Yes |
| Legal Weight | Cannot be relied upon for decision | Can be relied upon to decide the case |
| Purpose | Identification & future reference | Evidence on record |
📌 Note:
Even a marked document can later be exhibited if the party proves it as per law or the court overrules the objection. Conversely, exhibited documents can be objected to in appeal or revision, especially if they were wrongly admitted.
Advocate Anoop Verma, Punjab and Haryana High Court Chandigarh
+91-9463742964
advanoopverma@gmail.com