sec 76 indian evidence act
Querist :
Anonymous
(Querist) 27 September 2010
This query is : Resolved
dear sir,
is a certified copy under sec 76 of the indian evidence act as evidence in lieu of original document in a court of law/
do enlighten sir
vinay kala
sep 27,10
Parthasarathi Loganathan
(Expert) 27 September 2010
Section 76 of Indian Evidence Act deals with Certified copies of public documents.
Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation.-- Any officer who, by the ordinary course of official duty, is authorized to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.
Devajyoti Barman
(Expert) 27 September 2010
Yes it is valid piece of evidence but only in certain circumstances.
s.subramanian
(Expert) 27 September 2010
I agree with the above views.
Querist :
Anonymous
(Querist) 27 September 2010
what is meant by ' valid for pubs.lic documents.
suppose i have a certified copy of from a department of the government would it be admissible as a document for evidence purposes in a court
vk sep 27,10
Raj Kumar Makkad
(Expert) 27 September 2010
Yes. As it has been issued by a public office under its due stamp and attestation so it is admissible in court though in some cases, it is to be compared.
Querist :
Anonymous
(Querist) 28 September 2010
THANKS A LOT MAKKAD SAHAB,
YOUR COMMENTS ARE CRISP AND TO THE POINT
REGARDS
VK SEP 28,10
DEFENSE ADVOCATE.-firmaction@g
(Expert) 28 September 2010
You have to add all the above opinions to get the true picture.
True copies as a rule are not allowed since it is secondary evidence. So the applicant has to show why the original can not be produced.
If the original is a public document or in custody of others., otherwise not.
