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ashwin gaikwad (software analyist)     26 March 2011

Validity of photocopies

Are xerox/photocopies of any agreement/deed valid in court of law/



 7 Replies

SANJAY DIXIT (Advocate)     26 March 2011

In my opinion NO.

x (President)     27 March 2011

Can you cite some recent judgemnets regarding this. Thanks

Sonia Saini (advocate)     27 March 2011

photo copy is a secondary evidence and the general rule is evidence has to be proved by primary evidence but this can be allowed as stated under: 

 

Secondary evidence may be given of the existence, condition or contents of a document in the following cases:

 

(a) When the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it;

 

(b) When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

 

(c) When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

 

(d) When the original is of such a nature as not to be easily movable;

 

(e) When the original is a public document within the meaning of Section 74;

 

(f) When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence;

 

(g) When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collections.

 

In cases (a), (c) and (d), any secondary evidence of the contents of the documents is admissible.

 

In case (b), the written admission is admissible.

 

In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.

 

In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

Jebaraj Jasper Jacob (Advocate)     27 March 2011

Xerox copies cannot be marked in court.

anamika (aanamika03@gmail.com)     27 March 2011

when original is not available, den secondary can be permit. n zerox is a secondary copy.

ashwin gaikwad (software analyist)     27 March 2011

so if i dont agree that i eve signed a agreement whose only xerox copy is available....will that copy be valid in court of law

Om Prakash Dhusia (HR assistant)     30 April 2011

Dear Ashwin, kindly note that if you have made some agreement which has not been witnessed and its original has been found missing or un-traceable then you have the full right to deny the document, this being the legal perspective but it is un-ethical if after duly signed the agreement and in order to ditch that person you are taking advantage of his helplessness and further I don't want to preach anything.

In the absence of ORIGINAL, xerox copy can not be accepted as evidence.

Bad luck for the other party indeed.


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