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sankar P (supervisor)     01 October 2014

Xerox copies of rti document is valid or not

Dear Sir,

In Criminal Cases evidence for documentary , the xerox copies of RTI Documents are valid or not?

kindly advice me sir,

Best Regards,

Shankar.



Learning

 11 Replies

N.K.Assumi (Advocate)     01 October 2014

You must first satisfy the Court what happened to the original copy that is, lost or misplaced  or in the hand of the opposite party etc. Thereafter on being satisfy by the court on that account,  you can submit the zerox copy but get it certify from the concern authority and submit it before the court.

G.L.N. Prasad (Retired employee.)     01 October 2014

Strictly speaking legally, xerox copies are not valid, but once it is used in cross examination of witnesses and is identified by proper witness , they it may attain status of legality.

The member can always obtain certified copies under RTI Act at any time before presenting it to the Court either during deposition or cross examination, as maximum time for providing of information is 30 days.  Some times, even personal visit may bring certified copies in a day.

When there are doubts on validity of any document, it is always better to make it valid.

sankar P (supervisor)     01 October 2014

Dear sir,

In RTI I get the Complaint copy of My Wife & MIL ,

They are given only xerox copies of complaints and withdrawn copy,

Also In front page they attach a copy of letter which is signed by concerned PIO

So If we satisfy court that originals are present in concerned police station or with PIO then is it valid for our xerox document?

Kindly advice me sir,

Regards.

G.L.N. Prasad (Retired employee.)     01 October 2014

Seek certified copies from PIO immediately, and in proceedings state that PIO has given only xerox copies instead of requested certified copies, and a formal application for certified copies were made.  Why do you bother about all these, when your advocate can obtain certified copies in the court in the case.?

Bal Mukund Shah(9826310378) (Advocate)     03 October 2014

zerox coppies is vailid for seen that is secondry evidence but you essu camprisin original coppy in court if you not comprison the coppy then not admisible as evidence 

sankar P (supervisor)     03 October 2014

Dear Shri. Bal Muhund sir,

The complaint and withdrawn copy are in the custody of concerned police station only, By extacting through RTI the Zerox copies of the particular document only supplied to us,

So Whether it is valid or the court will suggest the concerned police station to submit the orginal copies of the Documents,

MAny Thanks,

Best Regards,

Shankar.

Biswanath Roy (Advocate)     04 October 2014

Xerox copies of documents are prima facie proof which needs verification about its genunity whereas , attested xerox copies by any first class Gazetted officer or Judicial Officer 1st.class can sufficiently prove genuinity of documents..

sankar P (supervisor)     05 October 2014

@ Shri. Roy sir,

Thank you for your Valuable information and Precious time,

MAny Thanks,

Regards,

Shankar.

Rahul Kapoor (Legal Enthusiast)     05 October 2014

hello,

yes they are admissible in evidence as secondary evidence.

get them certified from the source. 

T. Kalaiselvan, Advocate (Advocate)     05 October 2014

@Sankar: the certified xerox copies obtained through RTI are admissible in the court as primary evidence too depending on the nature of the evidence. You cannot produce the xerox copy of the said certified xerox copy as documentary evidence which may not be accepted by the court.

Sudhir Kumar, Advocate (Advocate)     07 November 2014

at the most you  may need evidence of the custodian of the document that too only if the authenticity is challnaged by other person.  In any case you have a covering letter which is original.


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