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Surya R (business)     31 May 2025

Criminal case marking xerox copy

i am defacto complainanti filed xerox copy of police commissioner enquiry acknoledgement as part of 242 CRPC but court asking xerox cant be marked.when we asked for certified copy from police commissioer, he replied that hey maintain only for 1 year

can i request court to mark xerox copy  as secondary evidence

can you give sample draft procedure section to ask court  to mark xerox copy as secondary evidence



 7 Replies

Advocate Bhartesh goyal (advocate)     31 May 2025

Secondary evidence can be admitted by courts when the original document. either lost or destroyed and does not exist, in your case you can satisfy the court by giving police commissioner's reply and request to take xerox copy on record and permit to exhibit the same.

Surya R (business)     31 May 2025

can you give sample draft procedure section to ask court  to mark xerox copy as secondary evidence

 

T. Kalaiselvan, Advocate (Advocate)     31 May 2025

Photocopies can be marked as exhibits by the court when they are admitted into evidence as secondary evidence, and the court has determined their accuracy and authenticity. This typically occurs when the original document is not available, such as when the original document is lost, destroyed, or in the possession of the other party who refuses to produce it, according to Section 65 of the Evidence Act  and the court accepts the photocopy as a reliable substitute. 

If the opposing party objects to the admissibility of the photocopy, the court will need to consider those objections and determine whether the photocopy meets the requirements for admissibility. 

Once the court decides that the photocopy is admissible as evidence, it can be marked as an exhibit, usually with a letter and number for identification. 

We don't supply formats for petition or any other drafts, you can contact your own advocate or anyone from this forum privately for your needful on the terms of chosen advocate

Dr. J C Vashista (Advocate )     01 June 2025

Well analysed, opined and advised by learned experts, I concur and appreciate it.

Photocopy can be marked and used for corroborative purposes in evidence. 

Seek professional services of your lawyer for desired format /draft / citation, which we (experts on this platform) do not provide.

R.K Nanda (Advocate)     01 June 2025

Nothing more to add.

Sudhir Kumar, Advocate (Advocate)     01 June 2025

Fully agreed

Dr. J C Vashista (Advocate )     02 June 2025

It is appropriate and better to seek professional services of another local prudent lawyer, if you have lost faith in your lawyer for analyses of facts, proper guidance and necessary proceeding.


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