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Submit Original Documents or Xero copies before C.J.M Court?

(Querist) 01 January 2011 This query is : Resolved 
My Learned Friends,

Day after Tomorrow! I will have to file a criminal petition against the accuseds before the C.J.M court of law. That the complainant party is requesting to me to file Xerox copies of annexed public documents (such as all Medical Reports, X-Rays Reports get by District Govt Hospital), with the criminal petition while I am telling that We have to submit only the original public documents made by the Govt. District Hospital for the fresh trial of criminal case before C.J.M.

Now my Queries are:-

1. Will the xero copies of the public documents get through the Govt. District Hospital is sufficient & may admissible to file criminal complaint against accuseds?

2. What happen if we not file the original documents and may file Xero Copies before CJM Court Or may keep all original documents with us and only submits xero copies exclusively before magistrate court?

3. Will the Xero copies are called primary evidences or called secondary evidences before court?
Guest (Expert) 01 January 2011
Xerox copies is not at all admissible in evidence in criminal cases

The criminal complaint will not have a authenticity of genuineness of the documents.

The primary document will be original and the secondary will be certified copy of original.

Moreover will you explain what happened to the original documents if it is asked by the CJM?
Khaleel Ahmed (Expert) 01 January 2011
You can file the xerox copies in support of your documentary evidence in criminal cases.
SANJAY GUPTA (Expert) 02 January 2011
you can file xerox copy with your petition oc complaint but at the time of enquiry or evidence you have to prove the original documents before the magistrate. if you dont have original you can call the doctor as witness to bring all the records relating to the said incident and can file certified copy of the documents in court. Xerox copy can not marked in criminal law.
Kirti Kar Tripathi (Expert) 02 January 2011
this true that xerox copy is not admissible as evidence. however you can file xerox copies of the documents along with complaint. but you have prove the same by producing original at time of evidence, only then they will be mark exbits.
adv. rajeev ( rajoo ) (Expert) 02 January 2011
You can submit the xerox copies of the documents court, but court may insist you to produce the originals while registering the complaint, so before submitting before the court you produce the originals before the Sherestedar of the Court who will verify by the originals and xerox copies and put the court seal and signatures ofter the verification. And at the time of evidence you can produce the originals.
Advocate Bhartesh goyal Online (Expert) 02 January 2011
Zerox copies are not admissible in evidence and such documents can not be marked as exhibits.You have to follow the provisions of law of Evidence.
G. ARAVINTHAN (Expert) 02 January 2011
Xerox copies are sufficient to file a criminal case
Advocate. Arunagiri (Expert) 02 January 2011
Xerox copies can be used at the time filing the petition. But, if needed you have to produce before the court. If you dont produce by the order of the court, you will loose the case.
Arun Kumar Bhagat (Expert) 02 January 2011

1. Alongwith petition of complaint you should file xerox copy for the purpose of taking cognizance and enquiry. The magistrate may ask you to produce original for his perusal before issuing process u/s 204 Cr.P.C.

2. Replied as above.

3. Xerox copies are neither primary evidence nor secondary evidence. It shall be secondary evidence when the original is produced before the court for comparison and if it is found true.

valentine thakkar (Expert) 02 January 2011
Original documents are called primary evidence; certified copies secondary evidence. The Govt. documents can be admitted in evidence when certified/true-copied. For filing the case initially one may submit xerox copies for fear of getting originals lost. However, at the evidence stage or before issuing process, originals will have to be produced before the Court. Otherwise originals may be submitted for verification and after endorsement from the authorised person the same may be taken back for the xerox copies.
Veeresh Naik (Expert) 02 January 2011
get the zerox copy verified from officer of the court and produce the original at the time of evidence.
H.M.Patnaik (Expert) 03 January 2011
Experts have vewed the matter from all angles . But in your case , it seems that you have obtained copies of public documents either excercising provisions of RTI law or otherwise. If you have taken help of RTI law, you must have received Certified cpoies of such documents from concerned PIO which can be filed as evidence by keeping Xerox Copies yourself duly attested by local Notary. In course of hearing , the Court may call for original documents from the concernrd authority for necessary cmparision and acceptance of exhibits filed.
Ajay Bansal (Expert) 03 January 2011

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