Many a times, original document is not available and such unavailability of the document can prove to be problematic for parties subject to a matter before the court. Secondary evidence herein acts as a savior for such misplacement of the original document.The statute clearly describes the situations wherein Secondary evidence is accepted as legit and admissible evidence, here a brief note on Admissibility of “Certified Copy as evidence” under the broad definition of Secondary Evidence.
Section 61 of the Indian Evidence Act, 1872 states that either primary or secondary evidence may be used to prove the contents of documents submitted before the Hon’ble Court.Section 65 of the Indian Evidence Act, 1872 describes circumstances when Secondary Evidence is admissible in the court. Moreover, Section 65 specifically includes, “Certified copies”, meaning a certified copy of a Public document shall be admitted. Such a certified copy of an original document which is preserved for public record at an authority, is admissible under s. 3(b) of the Commercial Documents Evidence Act since, the court shall presume all such documents to be valid of those mentioned in Schedule II of the act.
Division bench of the Supreme Court in, Kashinath Sankarappa Wani vs New Akot Cotton Ginning, 1958 AIR 437 dealing with a Certified copy of Report/Balance Sheet filed by a company at ROC, being admissible or not, stated that, the Court admits that a Copy, certified by the Registrar of Companies of the Balance Sheet is an admissible evidence.
As per Section 76 of the act, every public officer having the custody of a public document as defined in Section 74 of the act, which any person has a right to inspect, shall on demand of and on the payment of the legal fees, give that person a copy and shall also affix a certificate at the foot of such copy that it is a true copy of such document and will give the date of the copy, the name and official title of the officer who has subscribed such copy and the seal of the office will be affixed to the copy.
In Kalyan Singh v. Smt. Chhoti, AIR 1990 SC 369 the Hon’ble Supreme Court held that correctness of certified copies referred to in clause (1) is presumed under Section 79 of the Indian Evidence Act, 1872 as true and accurate, but that of other copies must be proved by proper evidence. A certified copy of a registered sale deed may be produced as secondary evidence in the absence of the original, similar to that of a Balance Sheet or an Annual report.
So, it is safe to conclude that even though a Primary evidence is considered more superior and powerful for the court while considering a decision, Secondary Evidence however is very much binding and admissible provided the said evidence conforms to the provisions of Indian Evidence Act, 1872.