Right to information act

Querist : Anonymous (Querist) 22 January 2012 This query is : Resolved
when public documents are obtained under right to information act and filed in the court, the petitioner is liable to call Public Inforamtion Officer as witness or the respondent to prove the correctness of the documents according to evidence act 106. it is public document. i came to know that according to evidence act a public document need not to be proved itseems. is it correct sir.

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M/s. Y-not legal services (Expert) 22 January 2012
who are you?

are you an advocate?

-tom-

Raj Kumar Makkad (Expert) 22 January 2012
Even if a public document is to be submitted in evidence, it is required to be proved under the relevant provisions of Evidence Act. Documents obtained under RTI Act are not per-se admissible so those are required to be proved by calling the record of relevant department.

Devajyoti Barman (Expert) 23 January 2012
Nowadays it has become practice of authors to post query as Anonymous to hide their identity as Advocate.

Shailesh Kr. Shah (Expert) 23 January 2012
I do agree with views of Mr.Makkad.

V R SHROFF (Expert) 23 January 2012
there are Documents , Like Company Registration cert . or so, and thousands of them, TERMED AS PUBLIC DOCUMENTS.
It can be directly read as Evidence Admitted, , and and not be proved.

prabhakar singh (Expert) 23 January 2012
The following is the list of public documents...The Indian Evidence Act,1872

74. Public documents -

The following documents are public documents :—

(1) Documents forming the acts, or records of the acts—

(i) of the sovereign authority,

(ii) of official bodies and tribunals, and

(iii) of public officers, legislative, judicial and executive, 1[of any part of India or of the Commonwealth], or of a foreign country;

(2) Public records kept 2[in any State] of private documents.

The Indian Evidence Act,1872

76. Certified copies of Public Documents -

Every 1public 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 officers 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.

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s.56 Facts judicially noticeable need not be proved
s.57 Facts of which Court must take judicial notice
s.58 Facts admitted need not be proved