Facts of the Case
‘X’ seeks to prove his nativity in a legal proceeding. To support this claim, he produces a Photostat (xerox) copy of a certificate issued by a Revenue Officer.
The question arises whether such a photostat copy of an official certificate can be admissible and relied upon as evidence under Indian law.
Issues in the Case
- Whether a photocopy of a certificate issued by a Revenue Officer is admissible as evidence?
- Whether secondary evidence can be used to prove official documents under the Indian Evidence Act?
- Whether X can rely on a photostat copy without producing the original certificate?
Legal Principles Covered to Support Case Proceedings and Judgments
A. Original Document Rule – Section 62 & 63, Indian Evidence Act, 1872
- Section 62: A document is primary evidence if it is the original document produced for inspection.
- Section 63: Any document not produced in its original form must be proved by secondary evidence, which includes certified copies, photostat copies, or oral accounts of the content.
Essentials:
- Original document must be produced whenever possible.
- Secondary evidence (photostat copy) is admissible only if the original is shown to be unavailable for a valid reason.
B. Public Documents – Sections 74, 76, 77, 79
- Section 74: Public documents include certificates issued by public officers in discharge of official duties, e.g., Revenue Officers.
- Section 76: Certified copies of public documents are admissible.
- Section 77: When a document is in the custody of a public officer, certified copies are treated as valid evidence.
- Section 79: Presumption of genuineness applies to certified copies of public documents.
Key Point:
- A plain photocopy (photostat) of a certificate is not a certified copy.
- Therefore, it cannot be relied upon as primary evidence unless the original is produced or a certified copy is obtained.
C. Judicial Interpretation
- State of U.P. v. Mohd. Shahabuddin – A photostat copy of an official document is inadmissible unless certified under the Evidence Act.
- Courts emphasize that mere photocopies lack authenticity and cannot replace original documents for proving important facts like nativity.
Rule of Thumb:
- To rely on public documents, either produce the original or obtain a certified copy from the competent authority.
- Mere photostat copies are treated as unreliable secondary evidence.
D. Application
- In this case, X cannot rely solely on the photostat copy of the Revenue Officer’s certificate.
- X must either:
- Produce the original certificate, or
- Obtain a certified copy under Sections 76–79.
- Until then, the court may not consider the photostat copy as proof of nativity.
Possible Judgment
The Court is likely to hold that:
- A photostat copy of a certificate issued by a Revenue Officer is not admissible as primary evidence.
- To prove his nativity, X must produce the original certificate or a certified copy obtained from the competent authority.
- Mere unsworn photocopies cannot be relied upon and will be treated as inadmissible secondary evidence.
- If X fails to produce either, the court may not accept the claim of nativity based on the photocopy alone.
Final Decision
X’s photostat copy of the certificate cannot be relied upon to prove his nativity. Evidence must be the original certificate or a properly certified copy, in accordance with Sections 62, 63, 74–79 of the Indian Evidence Act, 1872.
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