Photo copy of certified copy

Querist : Anonymous (Querist) 01 August 2011 This query is : Resolved
Ld Counsels,

Is photo copy of police FIR admissible in primary evidence in an IA before the family court.

Thanks in advance.

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M/s. Y-not legal services (Expert) 01 August 2011
Yes. If its relevant mean Its admissable document before family court. Suppose if the other side counsel arise objection mean you can mark that document with objections.

Guest (Expert) 01 August 2011
the photocopy is not admissible as primary evidence per section 62 but certified copy is admissible as secondary evidence u7s 63 of evidence act

Devajyoti Barman (Expert) 01 August 2011
No, it is not admissible though its certified copy would surely be.

Rajeev kulshreshtha (Expert) 01 August 2011
No,the photocopy of the FIR is not admissible in evidence it can be admitted only in condition if opposite party admits it.

Querist : Anonymous (Querist) 01 August 2011
dear experts,
the contents of the document can be proved by both primary and secondary evidence, will that essentially not lead to a conclusion that the photo copy is amissible in evidence. further since the section 14 of family courts act has a overriding effect on the evidence act can it still be perceived as evidence of lesser quality than the original certified copy.

Querist : Anonymous (Querist) 01 August 2011
there is also an admission by the petitioner that the particular complaint on particular date is lodged.

Advocate. Arunagiri (Expert) 01 August 2011
As per the IE Act, the photocopy of the FIR can not be marked as an exhibit. Because the FIR certified copy can be obtained from the Magistrate court.