Facts of the Case
- ‘X’ wants to prove his nativity (place of origin).
- To prove this fact, X produces a photostat (xerox) copy of a nativity certificate allegedly issued by the Revenue Office.
- X does not initially produce the original certificate.
- The question arises whether the court can rely on the photostat copy for proving X’s nativity.
Issues in the Case
- Whether a photostat/xerox copy of a public document is admissible in evidence?
- Whether secondary evidence can be accepted without proving the non-availability of the original document?
- Whether a photocopy is reliable without proper certification as per Sections 63 and 65 of the Indian Evidence Act?
- Whether X must produce either the original nativity certificate or a certified copy obtained from the Revenue Department?
Legal Principles Covered to Support Case Proceedings and Judgements
A. Section 61 – Proof of Contents of Documents
Documents must be proved by:
- Primary evidence (original)
or - Secondary evidence (copies), but only when law permits.
Since X produced a photostat copy, it falls under secondary evidence.
B. Section 62 – Primary Evidence
The original nativity certificate issued by the Revenue Office is the primary evidence.
Unless its absence is justified, the xerox copy is normally not admissible.
C. Section 63 – Secondary Evidence
Photostat copies are considered secondary evidence.
But they are admissible only when the conditions of Section 65 are satisfied.
D. Section 65 – When Secondary Evidence May Be Given
Secondary evidence (including photocopies) is admissible only if:
- The original is lost or destroyed.
- The original is in possession of the opposite party or a third party who fails to produce it.
- It is impossible to produce the original.
- The document is a public document, in which case certified copies must be produced.
Important Point:
A photostat copy is not a certified copy, and therefore, it does not automatically qualify as admissible secondary evidence.
E. Public Documents – Sections 74 & 76 Evidence Act
A nativity certificate issued by a Revenue Office is a public document.
For public documents:
- The proper method of proof is certified copy issued by the public authority (Section 76).
- Courts do not accept plain xerox copies as proof unless properly certified.
F. Case Law
1. H. Siddiqui v. A. Ramalingam (2011) 4 SCC 240
The Supreme Court held:
- Photocopies cannot be admitted as secondary evidence unless the existence and loss of the original are proved.
2. State of Rajasthan v. Khemraj (2000) 9 SCC 241
The Court held:
- Xerox copies without proof of original’s loss or non-availability are inadmissible.
3. Sital Prasad v. Kishori Lal AIR 1967 All 363
The court emphasised that public documents must be proved by certified copies, not mere photocopies.
Possible Judgement
The photostat copy produced by X cannot be relied upon.
Reasons:
- Not Primary Evidence (Section 62)
X did not produce the original nativity certificate. - Not Admissible as Secondary Evidence (Sections 63 & 65)
The conditions for admitting a photocopy as secondary evidence were not fulfilled because:
- X did not prove that the original was lost, destroyed, or unavailable.
- X did not summon the Revenue Office to produce the original.
- It is a public document (Section 74)
Therefore, X must produce a certified copy issued under Section 76. - Court cannot rely on an uncertified photostat copy
Courts consistently hold that photocopies are prone to fabrication and hence unreliable without proper foundational proof.
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