34. Instruments not duly stamped inadmissible in evidence, etc.
- No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped:Provided that,-(a)any such instrument not being an instrument chargeable [with a duty not exceeding fifteen naye paise] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] only, or a mortgage of crop [Article [35] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] (a) of the Schedule] chargeable under clauses (a) and (b) of section 3 with a duty of twenty five naye paise shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, or the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion;(b)where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped;(c)nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898;(d)nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government, or where it bears the certificate of the [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] as provided by section 32 or any other provision of this Act [and such certificate has not been revised in exercise of the powers conferred by the provisions of Chapter VI] [Inserted by Act 29 of 1962 w.e.f. 1.10.1962].
