Photocopy of Copy Inadmissible as Secondary Evidence?

In legal proceedings, documents play a pivotal role, but not all copies hold the same weight in court. A common question arises: Photo Copy of Copy is Inadmissible in Secondary Evidence Sec? This query touches on a fundamental principle under the Indian Evidence Act, 1872, particularly Section 63, which governs secondary evidence. Photocopies can be convenient, but a photocopy of a photocopy is generally not admissible unless it meets strict criteria. This post breaks down the rules, judicial interpretations, and practical advice to help you navigate this area.

Understanding Secondary Evidence in Indian Law

Secondary evidence refers to substitutes for original documents when the originals are unavailable. Section 63 of the Indian Evidence Act outlines permissible forms:- Certified copies issued by legal authorities.- Copies made from the original by mechanical processes ensuring accuracy (like photocopying), provided they are compared with the original2016 0 Supreme(MP) 837 2010 0 Supreme(AP) 273.- Copies compared with certified or mechanically produced copies 2007 0 Supreme(Ori) 285.

However, photocopies are not automatically considered true copies unless they are compared with the original or meet specific certification criteria2007 0 Supreme(Ori) 285 2016 0 Supreme(MP) 837 2010 0 Supreme(AP) 273. A mere photocopy of another photocopy fails this test, as it lacks direct linkage to the original.

Conditions for Admissibility of Photocopies

For a photocopy to qualify as secondary evidence, it must satisfy one of these conditions under Section 63:1. Certification by Competent Authority: A notary, branch manager, or similar official must certify it as a 'true copy' of the original 2014 0 Supreme(All) 1294 2012 0 Supreme(All) 1109. The certification should explicitly state this.2. Mechanical Process and Comparison: The copy must be made mechanically from the original and then verified against it 2016 0 Supreme(MP) 837 2010 0 Supreme(AP) 273.

Photocopies not made by mechanical processes or not compared with the original are generally inadmissible as secondary evidence2007 0 Supreme(Ori) 285 2015 0 Supreme(Raj) 406. Courts emphasize that without these safeguards, the risk of tampering or inaccuracy is too high.

In practice, parties often submit photocopies without proper backing, leading to objections and rejections. The absence of comparison or certification diminishes the evidentiary value of photocopies2007 0 Supreme(Ori) 285 2015 0 Supreme(Raj) 406.

Judicial Views on Photocopies as True Copies

Indian courts have consistently ruled that photocopies are not true copies unless they are compared with the original or certified as true copies by a qualified person2007 0 Supreme(Ori) 285 2015 0 Supreme(Raj) 406.

For instance, in a case involving document admissibility, the court held: 'document can be received in evidence under the head of secondary evidence only when the copies are made from or compared with the original or certified copies or such other document as enumerated in Section 63 of the Evidence Act and not otherwise. Since the documents being photo copies, there was no possibility of the same being compared with t....'2019 0 Supreme(P&H) 950. This underscores that plain photocopies, especially derivatives, cannot bypass these requirements.

Similarly, the High Court found the photo copies can not be received as secondary evidence in terms of Section 63 of the Act and they ought not to have been received as secondary evidence. Since the documents in question were admittedly photo copies, there was no possibility of the documents being compared with the originals2008 0 Supreme(P&H) 1605 2008 0 Supreme(P&H) 1375.

In another ruling on a demarcation report, the court relied on Supreme Court precedents like J. Yashoda v. K. Shobha Rani, concluding that the demarcation report could not be proved by way of secondary evidence as it did not comply with Section 63 of the Evidence Act2008 0 Supreme(P&H) 1605.

Exceptions and Special Circumstances

While strict, there are nuances:- Duly Attested Photocopies: Those certified by authorized persons are generally accepted.- Provisional Admission: Courts may allow photocopies provisionally, subject to proof of authenticity. In a will dispute, the court permitted a Photostat copy of the disputed document shall be taken in evidence provisionally after recording objection of Petitioner's side, if the Respondent No. 1 is able to lead credible evidence to explain the various infirmities apparent in the document

SUN TV NETWORK LTD vs K.BHAGYALAKSHMI AND 3 OTHERS

However, photocopies that are not certified or compared with originals are typically rejected unless the party can prove their authenticity through other means2014 0 Supreme(All) 1294 2012 0 Supreme(All) 1109. In administrative contexts, like candidature verification, authorities demand originals, warning that your candidature is liable to be rejected if you are not able to present the original documents2019 0 Supreme(All) 1137.

Key Cases Integrating Certification and Comparison

Several judgments reinforce these principles:- Rent Restriction Act Dispute: Petitioners failed to admit secondary evidence of a compromise because they did not prove the existence and possession of the original agreement/compromise and did not give the necessary notice for producing the original document. Photocopies were inadmissible without compliance 2008 0 Supreme(P&H) 1375.- Arbitration Proceedings: Courts scrutinize even agreed photocopies if disputed, emphasizing proper consideration under evidence rules 2019 0 Supreme(Bom) 940.

When originals are unavailable, the party must establish that photocopies are genuine, either through certification or mechanical copying processes2007 0 Supreme(Ori) 285 2015 0 Supreme(Raj) 406.

Practical Recommendations for Legal Practitioners and Litigants

To avoid pitfalls:- Always obtain certification stating 'true copy of the original' from a competent authority.- Compare photocopies with originals and note this in affidavits.- Give notice under Section 65 if relying on secondary evidence.- Prepare for objections by having witnesses attest to the process.

For evidentiary purposes, ensure photocopies are properly certified or compared with the original to establish their authenticity.

Conclusion and Key Takeaways

In summary, under Section 63 of the Indian Evidence Act, photocopies are not considered true copies unless they are either certified as true copies by a competent authority or made through mechanical processes and compared with the original. A photocopy of a copy typically falls short, rendering it inadmissible without additional proof.

Key Takeaways:- Certification or comparison is mandatory for admissibility.- Courts reject uncertified derivative copies to prevent fraud.- Provisional admission is possible but risky.- Judicial precedents like those in 2019 0 Supreme(P&H) 950 and 2008 0 Supreme(P&H) 1605 highlight strict enforcement.

This post provides general information based on legal principles and is not specific legal advice. Consult a qualified lawyer for your case.

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