Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Certified Copy as Secondary Evidence - A certified copy of a document, especially a public document, is generally admissible as secondary evidence when the original is not available or cannot be produced. It must be authenticated by an officer or authority, such as a Notary Public or a Registering Officer, certifying that it is a true and accurate copy of the original ["Chandreshbhai Dhanrajbhai Jethani VS Mihirbhai Bhikhabhai Virani - Gujarat"], ["Gonepalli Rajamallaiah S/o late Veeraiah VS Ragipalli Rajaram @ Pedda Rajaram @ Rajamreddy - Andhra Pradesh"], ["Seepathi Keshavalu VS Pogaku Sharadha - Telangana"], ["N. Divakaran, Son of Late Narayanan VS David Livingston - Kerala"], ["SUSHILKUMAR MANDANLAL GANEDIWAL VS VIJAYKUMAR MANDANLAL GANEDIWAL - Bombay"].
Necessity of Calling Original Record - It is not always necessary to produce or call the original record when a certified copy has been properly produced and authenticated. Courts often permit the production of certified copies without requiring the original, especially if the document is a public record or a certified copy is deemed sufficient proof under Sections 74 and 77 of the Indian Evidence Act ["Chandreshbhai Dhanrajbhai Jethani VS Mihirbhai Bhikhabhai Virani - Gujarat"], ["Sushilkumar Mandanlal Ganediwal VS Vijaykumar Mandanlal Ganediwal - Bombay"], ["SUSHILKUMAR MANDANLAL GANEDIWAL VS VIJAYKUMAR MANDANLAL GANEDIWAL - Bombay"], ["PYARE LAL vs MEHAR SINGH AND ORS - Punjab and Haryana"].
Conditions for Admission of Certified Copies - The primary requirement is that the certified copy must be made from the original through a mechanical process, compared with the original, and signed or certified by an officer entrusted with custody. The document must be a true, full, and accurate reproduction ["Seepathi Keshavalu VS Pogaku Sharadha - Telangana"], ["Sher Khan VS Jitendra - Madhya Pradesh"], ["NARANDAS ANANDJI vs - Gujarat"], ["N. Divakaran, Son of Late Narayanan VS David Livingston - Kerala"].
Public Documents and Certification - Certified copies of public documents, such as sale deeds, court orders, or government records, are admissible as secondary evidence. The law presumes that the contents of such copies are true, provided they are properly certified, but the party relying on them still bears the burden of proving the facts contained therein ["Prince Marine Transport Services Private Limited VS State of Maharashtra - Bombay"], ["Chandreshbhai Dhanrajbhai Jethani VS Mihirbhai Bhikhabhai Virani - Gujarat"], ["VISHNU DNYANESHWAR SONAWANE vs BHIMRAO SHRIRANG SONAWANE AND ORS - Bombay"], ["N. Divakaran, Son of Late Narayanan VS David Livingston - Kerala"].
When Original Record Must Be Called - The original record need not be called if the certified copy is properly authenticated and the court is satisfied with its accuracy. However, if the authenticity or contents are disputed, the original may need to be produced or examined ["PYARE LAL vs MEHAR SINGH AND ORS - Punjab and Haryana"], ["Sourabh Chaturvdi vs The State Of Madhya Pradesh - Madhya Pradesh"].
Analysis and Conclusion:Producing a certified copy of a document generally suffices as secondary evidence, especially for public documents, and it is not always necessary to call the original record for exhibiting signatures or verifying contents. Proper certification, comparison with the original, and adherence to legal standards ensure the certified copy's admissibility. The courts emphasize that a certified copy, when properly authenticated, can be relied upon without requiring the original unless its authenticity is challenged or the court deems it necessary ["Prince Marine Transport Services Private Limited VS State of Maharashtra - Bombay"], ["Chandreshbhai Dhanrajbhai Jethani VS Mihirbhai Bhikhabhai Virani - Gujarat"], ["Seepathi Keshavalu VS Pogaku Sharadha - Telangana"].
In legal proceedings, documents are the backbone of evidence. But what happens when you have only a certified copy? A common question arises: if a certified copy of a document is produced, then whether it is necessary to call the original record for exhibiting the sign on the certified copy? This issue frequently trips up litigants and lawyers alike, especially in civil suits, arbitration, or property disputes.
The short answer? Generally, no. Certified copies often stand on their own thanks to statutory presumptions under the Indian Evidence Act, 1872. This blog dives deep into the law, key sections, judicial precedents, and practical tips to help you navigate this terrain confidently. Note: This is general information, not specific legal advice—consult a qualified lawyer for your case.
No, it is not necessary to produce the original record when exhibiting the signature on a certified copy. Sections 65, 63(1), 74, 76, and 79 of the Evidence Act allow certified copies—as secondary evidence—to be admissible, especially for public documents. They carry a presumption of genuineness for both signature and contents unless rebutted. N. N. Global Mercantile Private Limited VS Indo Unique Flame Ltd. - 2023 0 Supreme(SC) 414Kalyan Singh, London Trained Cutter, Johri Bazar, Jaipur VS Chhoti - 1989 0 Supreme(SC) 617Janardan Kumar VS Chandan Pratap Singh - 2024 0 Supreme(Pat) 939
This presumption eliminates the routine need to summon originals, streamlining court processes.
Under Section 63(1), a certified copy is signed and certified as true by the custodian officer (Section 76). For public documents (Section 74), it's admissible as secondary evidence without the original under Section 65(e)/(f). Section 79 states: the Court shall presume the genuineness of the document... and shall presume the genuineness of the contents... unless... rebutted by other evidence. N. N. Global Mercantile Private Limited VS Indo Unique Flame Ltd. - 2023 0 Supreme(SC) 414
By virtue of Section 79 of Evidence Act presumption of genuineness and correctness of the certified copies of the documents mentioned under Section 63(1)... shall have to be presumed. No need to summon originals just to exhibit signatures—the certification suffices unless challenged. N. N. Global Mercantile Private Limited VS Indo Unique Flame Ltd. - 2023 0 Supreme(SC) 414
In registered sale deeds, certified copies serve as secondary evidence absent originals, unlike ordinary copies needing content proof or comparison. Kalyan Singh, London Trained Cutter, Johri Bazar, Jaipur VS Chhoti - 1989 0 Supreme(SC) 617
Secondary evidence typically needs the original's non-production explained (Section 65(c)), but certified copies skip this for qualifying cases. Correctness of certified copies referred to in clause (1) Section 63 is presumed under Section 79; but that of other copies must be proved by proper evidence. Kalyan Singh, London Trained Cutter, Johri Bazar, Jaipur VS Chhoti - 1989 0 Supreme(SC) 617Kaliya VS State of Madhya Pradesh - 2013 0 Supreme(SC) 673
The presumption is rebuttable, but initial exhibition doesn't demand originals. Authentication comes from Section 79 itself. Kaliya VS State of Madhya Pradesh - 2013 0 Supreme(SC) 673Janardan Kumar VS Chandan Pratap Singh - 2024 0 Supreme(Pat) 939
Judicial support reinforces this. In one case, certified copies of a Sub-Registrar's records proved registration without original production, as the witness's evidence sufficed for exhibition. Vitthalrao @ Pandharinath VS Domaji Pandurang Kokate - 2017 Supreme(Bom) 1552
Order XIII Rule 10 CPC directs: unless it is made to appear to the Court that the production of the original document is necessary, the party shall be required to obtain... certified copies thereof and the original shall not be sent for. Applications for originals need affidavits proving certified copies are unobtainable without delay or essential for justice. Ahmad VS Prescribed Authority/A. J. S. C. C. -I, Kanpur Nagar - 2019 0 Supreme(All) 998JAI SINGH VS JAGDISH - 2001 0 Supreme(Raj) 615
Courts consistently uphold certified copies' admissibility. For instance, in a property dispute, certified copies were allowed as secondary evidence when originals were with a third party, beyond court reach—no prejudice to opponents. Sections 65, 66, and 74 applied, emphasizing proof of original's existence and execution. Sultana W/o Late Taj Mohammed VS Murli Manohar Paliwal S/o Late Ram Chandra - 2024 Supreme(Raj) 58
Another ruling clarified: certified copy of a document remains a public document and it can be made admissible in given circumstances. Once marked, it's part of the record. RAJANALA SRINIVASA MURTHY vs CHARLA SEETHA
However, not all copies qualify. In an arbitration reference, a mere plaint-attached copy wasn't a certified copy under Section 76—lacking officer certification and seal. Production of certified copy or original is mandatory per Section 8(2). Transvahan Technologies India Pvt. Ltd. VS Sepson India Pvt. Ltd. - 2018 Supreme(Kar) 386
RTI-obtained copies of public documents can be treated as certified if properly issued, but private document xeroxes need Section 65(a)-(c) foundation. Datti Kameswari VS Singam Rao Sarath Chandra - 2015 Supreme(AP) 797
In a will cancellation case, a certified copy from Sub-Registrar proved registration but not contents as a public document—independent proof was needed. Vitthalrao @ Pandharinath VS Domaji Pandurang Kokate - 2017 Supreme(Bom) 1552
While certified copies are robust, watch these pitfalls:
One case noted: What the law requires is that the original document should be produced... in case... a certified copy can be proved on record without necessitating the production of the original. D. D. A. VS Ram Kaur - 2017 Supreme(Del) 1228
Certified copies empower efficient litigation under the Evidence Act, presuming genuineness without originals for signatures or contents—unless exceptions apply. Always verify certification per Section 76 and prepare rebuttals if needed.
Takeaways:- Leverage Sections 65, 79 for admissibility.- Courts prefer certified over originals.- Exceptions: stamps, challenges, non-public docs.
Stay informed, but for tailored advice, engage a legal expert. References below detail precedents.
(ii) “True copy of a resolution produced on record can be verified from the original minutes book and original minutes book can be returned to the complainant.” ... He need not call upon the complainant’s witness to produce their original, he could have certainly asked the complainant’s witness that the original minutes book is not produced. This was not put during the cross-examination. ... It deals with :- ‘not signing ....
Furthermore, he has submitted that the petitioner has attached all the necessary and relevant documents on which he relies upon to sue the respondents by a list of documents such as certified copy of agreement to sell dated 11/10/2005, original copy of 'Akila' newspaper dated 20/02/2009, original bill ... Manager and has erred by not exhibiting document produced at mark 74/39 without assigning any reason. ... receipt dated 21/03/200....
Therefore, the questions like whether the sale deed is genuine or not; and, whether the presumption available to a 30 year old document would be drawn or not, as the document produced is a certified copy, have to be relegated to a later stage for consideration and determination. ... deed may be produced as secondary evidence in the absence of the original. ... In fact, the law is well settled that the certified #HL....
The document in question is not a copy but a certified copy of an order passed by Income-tax Officer. ... Whether the judgment should be reported in the Digest? ... No viable objection is seen in the approach adopted by the Court in exhibiting these documents on record. ... copy would be admissible in evidence as it can not be said that there is any original copy of the said copy o....
It is submitted that this witness had brought the certified copy of the record and had not brought the original copy of the record and, therefore, certified copy of Articles A-5 and A-6 could not have been exhibited. ... , therefore, the certified copy of Article A-5 can be re-exhibited after comparing the same with original record of Article A-5. ... No.8090/2021 Court has powe....
copy of the sale deed is not a public document but it is a certified copy of a petitioner can call the original file. ... , the certified copy of private document record. ... In the present petition, the petitioner has filed affidavit stating that the original sale deed was produced in p style="position
In the present case it is not in dispute that what was produced by Sri Dildar Hussain was a true or accurate and full reproduction of the original. It was therefore a copy of the original, and the only question that remains is whether it was signed, for if it was signed, it would be a signed copy. ... In view of the above authoritative pronouncement by the Apex Court, a ‘copy’ means a document prepared from the original which is an ....
So the only question is whether the notarized copy of the original certified copy of the copy was produced on record, which has been exhibited. ... The trial Court shall permit the translation has been produced on record. ... It further provides that in case of such a contingency a certified copy of the document, p style="position:absolute;white-spac....
affidavit the original copy of the documents were not produced. ... There was also no other material on the record to indicate that the original document was in the possession of respondent No. 1. ... In order to enable a party to produce secondary evidence it is necessary for the party to prove existence and execution of the original document. Under Section 64, documents are to be provided by primary evidence. ... In view of the af....
Even in the case on hand, certified copies of reports of learned Commissioner have been exhibited on behalf of the petitioner in both proceedings. There cannot be any dispute that the certified copy of a document remains a public document and it can be made admissible in given circumstances. ... It is to be noted that, once document is marked, it becomes part of evidence and as a part of material record. ... If such demarking or de-exhibiting is perm....
Admittedly in the present case, either the plaintiff or the 1st defendant has not produced the copy of the document signed and certified that it is true copy of the original by the official who has custody of the original. VIII - THE PROVISIONS OF SECTION 76 OF THE INDIAN EVIDENCE ACT RELIED: It is well settled that a certified copy is admissible as evidence in a law suit, when the original document cannot be produced because somehow it has been lost or destroyed. Certified copy means, a copy of a document signed and certified that it is a true copy of the original by the official ....
6. Shri S.P. Kshirsagar, learned Counsel for the appellants submitted that deed of cancellation of will dated 24-12-1970 was not duly proved by the plaintiffs. What was placed on record was a certified copy of said document. The witness examined by the plaintiffs was a clerk from the Sub Registrar Office. This witness merely referred to the records maintained by the Office of the Sub-Registrar and his evidence could only prove registration of that document.
Both the defence witnesses, who produced the files relating to Resolution no. 10 dated 28.01.1943, and in their testimonies clearly deposed that Ex.P-60 does not confirm to the original document. What the law requires is that the original document should be produced to prove a document and in case the document is a copy of a public document, a certified copy can be proved on record without necessitating the production of the original document. Ex.DW-1/1 is rather the document which the court asked the witness to place on record after seeing the original resolution and compa....
5. The lower Appellate Court has reversed the findings recorded by the Trial Court. In such a situation, it was not necessary to follow the procedure prescribed under Section 65 of the Indian Evidence Act, 1872 to obtain a permission to lead secondary evidence, and obtaining the original was beyond the control of the party. It holds that the certified copy of the sale-deed is produced on record. The application at Exhibit 66 filed on 29-7-2002 before the Trial Court, which was not objected, shows that the original sale-deed was not available in the office of Sub-Registrar, ....
Certified copy - a copy of a document or record, signed or certified as a true copy by the officer to whose custody original is entrusted." Even otherwise, it is interesting to note that in Black Dictionary, the meaning of certified copy is as under:-
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