Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Arup (UNEMPLOYED)     06 June 2011

section nos of cpc and crpc both for certified copy

will you kindly tell me the section nos of cpc & crpc both, where procedure for certified copy of the plaints judgments,etc given?



in my case, certified copy of the photos not given to me on the ground that these are not original. but these photos are used in the case.



Learning

 4 Replies

hema (law officer)     06 June 2011

dear arupji,

your question has got several sub questions.

First I take up Cr.P.C. Under section 207  and section 208 cr.p.c. the accused has got right to get police report and other documents.  in addition to this, during the trial, the prosecution may call for some other documents, whose copies are supplied to the accused.  finally, s. 363 gives the direction to the court to supply the copy of judgment to the accused.   now, remains the question of getting certified copies of the examination and cross examination of witnesses.  every high court framed the rules about how certified copies shall be provided to the concerned parties and at what cost.   the powers available under this rule, the accused can obtain the certified copies of these documents.  similarly, in the case of civil matters also, the high courts have made elaborate rules to the parties to obtain certified copies and under these rules one can obtain the certified copies.  there are special Acts, such as Hindu Marriage Act (civil Act), NDPS  Act (Criminal Act) and under these Acts, generally one section is there, which is called enabling section, i.e., enabling the government to frame rules  under the Act.  while making the rules, in some cases, the government itself provide the method of obtaining the certified copies of the documents and the costs to be levied for that purpose, under that Act.  you have to refer those rules, if you want indepth knowledge about how to obtain certified copies.  generally, without having this knowledge, one can obtain certified copies by filling the prescribed form available in court premises and submit it at the counter designated for the purpose.

now, coming to the obtaining of certified copies of the photographs.  as per indian evidence Act, the photographs are only secondary evidence and are not allowed to be exhibited during evidence, till the party satisfy the court  that negatives are not available and to show the sufficient reason for that.  if the photographs are not exhibited, naturally the certifying authority refuses to certify them, as they are not part of the record.  if they are exhibited, then certifying authority has to provide you the certified copies of the photo copies of the photos.

once, RTI came into existence, now it has become easy even to the third party to obtain the certified copies of the documents availabel on the record.

warm regards,   

Dhvanil (Professional)     06 June 2011

@Arup, If your opponent has used the photos which are not original, you should challenge these photos in the court through a written reply. Have the negatives and source of photos been sumbitted ? If the photos are not original, and so you have not received certified copy, the photos cannot be considered valid. If you suspect a foul play in the photos, you can file a case on them for submitting false evidence and misleading the court

Arup (UNEMPLOYED)     06 June 2011

photos are original.

i want the crtified copy of these photographs.

i saw anywhere in cpc / crpc that -  which documents to be given as certified copies.

now when i challenge, judge tell me to show the act.

now i am not able to tracing it.

if some one tell me the sec no, i shall be able to get it.

Arup (UNEMPLOYED)     06 June 2011

under which sec, cpc / crpc, certified copies are given?


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