N. Sivaprakash, Chennai 984099 (Advocate) 10 April 2020
It cannot be used as evidence before the Court. Right to Information Act is to bring transperancy in the functioning of the public authorities. Every particular of the public interest can be obtained. No information regarding the personal details will be provided. You can seek information from the public information officer of each department. If information is not provided you can file an appeal.
Archit Uniyal 14 April 2020
Right to Information is a legal right for every citizen of India. Under the provisions of the RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. In case of a matter involving a petitioner's life and liberty, the information has to be provided within 48 hours.
Clause (f) of Section 65 of the Evidence Act makes it crystal clear that a certified copy permitted under the Evidence Act or by any other law in force can be treated as secondary evidence. Right to Information Act, in my view, falls within the ambit of "by any other law in force in India".
"Certified copy" is a copy of a document or record, signed or certified as a true copy by the officer to whose custody original is entrusted."
In a 2015 case, the Madhya Pradesh High Court held that “certified copy of documents obtained under Right to Information Act 2005 can be admitted as secondary evidence” (Narayan Singh vs Kallaram @ Kalluram Kushwah). The court said that certified copy of a document received by virtue of the RTI Act is secondary evidence as provided under Section 63 of Evidence Act, 1872. It can be used as Secondary Evidence in Court, since it is part of the Government records and provided by Government Authorities, certified under Government.
However, the court must be satisfied that the document sought to be introduced as secondary evidence is a faithful and accurate reproduction of the document whose copy it purports to be. (Smt Lachcho vs Dwari Mal 1986)
I hope this solves your query.
Sudhir Kumar, Advocate (Advocate) 14 April 2020
|Originally posted by : V'nod Jeyasingh|
|can we use right to information document as evidence in court and expalin about right information act|
Please state exac problem.
many corruption rackets have been exposed by using information gathered under RTI act.