LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bonafied (assistant)     11 April 2024

True copies collected under rti act from ps allowed in evidence?

The complainant submitted backdated letters to the PS as a response to my compliant. The PS forwarded those letters to SP office and HRC. I asked HRC for true copies, HRC informed originals are with the PS they can only give the true copies. I got true copies via RTI application from the PS. Are true copies admissible in court as evidence. During cross-examination the witness denied she is not aware of those letters or the signature. She is blatantly lying on oath. Should I ask the court to summon the SI who signed on those true copies I collected them few months back from the PS.



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

The certified copies of the documents onbtained through RTI act is very much admissible as primary evidence .

If necessary you can summon the author of the document to establish the genuineness of the contents  therein

bonafied (assistant)     11 April 2024

Thank you for your rely. So true copies are equivalent to certified copies under Evidence act. I got this question after reding the below. Source PDF attached PDF is available on internet page 100 1st paragraph. "The High Court of Andhra Pradesh (‘AP High Court’) in 2013 found that ‘certified copies’ are different from ‘true copies’ supplied under the RTI Act. In Bhaskar Rao v. KA Rama Rao, a single-judge bench of the AP High Court observed: “Further, none of the said documents are certified copies and only the Xerox copies of the documents are certified as true copies under the Right to Information Act. True copies cannot, therefore, be equated to certified copies under the Evidence Act.” The Court neither provided reasoning for arriving at this conclusion nor stated what the difference between true copies and certified copies might be.

Attached File : 292826 20240411233025 admissibility and proof of rti documents under the indian evidenc.pdf downloaded: 68 times

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

If there's only true copy available and not original copy then the information officer can furnish only what he has.

He can furnish only those documents under his certification.

bonafied (assistant)     12 April 2024

Original letters are still available with the PS. SI said they shall dispose the file after 3 years. Can I ask the police to give me the originals instead of xerox copies with true copy stamp? I don't think they will handover the originals to me under RTI application. The police submitted only xerox copies without true copy stamp to SP office and HRC. Police are not submitting orginals to anyone. After HRC registrars office called the SI and informed that I need true copy to submit in the court. The PS took my RTI application and sent true copies to my mail address.

Advocate Bhartesh goyal (advocate)     12 April 2024

True copy of Xerox copies are not admissible in  evidence irrespective of facts these copies have been obtained under RTI Act..you may have to summon original copies from P.S.

Dr. J C Vashista (Advocate )     12 April 2024

I agree with the expert opinion and advise of Mr. Bhartesh Goyal ji, true copy of photocopy has to be proved by producing originals.

In RTI the PIO can issue true copy but not certified copy wherein true copy cannot be used as conclusive evidence.

bonafied (assistant)     12 April 2024

Oriniginals are in the PS. The police sent me xerox of the originals with true copy stamp on them after I filed RTI application.

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

The copy obtained as documents through RTI act is very much valid for using it as evidence.

In case of any doubt then the court may be approached to summon concerned police officere to produce the original documents before court


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register