When the original is a document for which a certified copy is permitted by law to be given in evidence, a certified copy is the only admissible evidence. The phrase "to be given in evidence" means that it is to be presented as evidence in the first instance without being introduced by other evidence. A registered deed of sale is not a document for which a certified copy is permitted by law to be presented in the first instance without being introduced by other evidence.

Section 57 of the Registration Act shows that when secondary evidence has been introduced, such as proof of the loss of the original document, a copy certified by the registrar shall be admissible for the purpose of proving the contents of the original. This means it shall be accepted without any proof other than the registrar's certificate of the correctness of the copy and shall be taken as a true copy. However, this does not make such a copy a document that can be presented as evidence without further evidence to introduce it. Although it could be admitted as secondary evidence, its probative value is still very weak.

It has been held that certified copies of income tax returns do not fall within the meaning of this section or Sections 74, 76-77; however, an income tax assessment order is a public document under Section 74, and a certified copy of it would be admissible under this section. In Section 76 of this Act, a specific form of certificate is prescribed, but that form is not necessary in every case.

All that is required by Section 65 is that it must be a true copy of the original and that there must be something to denote its authenticity. Different departments provide different sets of rules for this purpose. In civil courts, for instance, a mere endorsement stating that it is a true copy and signed by an authorized officer is sufficient.

Copies bearing the seal of the income tax department and containing an endorsement that they were duly copied and compared were held to be certified copies by Justice Mathur of the Allahabad High Court, even though it was unknown who actually signed the endorsement, as it might fairly be presumed that the endorsement was signed by authorized persons.

However, as pointed out by Justice Allsop in the same case, the law requires that copies of this kind must be certified to be correct. While the specific form of the certificate is not of great importance, there must be a certificate purportedly signed by some responsible official.

A piece of paper, which is a typewritten order purportedly made under Section 56 of the Defense of India Rules and supposedly issued by the District Magistrate, bearing no signature but merely the typed name "District Magistrate, Purnea," without any certificate indicating that it is a certified copy of the order made by the District Magistrate, cannot be accepted as a certified copy of the order.

Copies granted under subsection (5) of Section 57 of the Indian Registration Act cannot be admitted for the purpose of proving the contents of the original document. In such cases, it is as if the original itself has been produced. A certified copy of a deed can be relied upon to show the contents of the original deed and can be proved by the production of a certified copy. A certified copy of a sale deed obtained from the office of the Sub-Registrar is as good as the original sale deed itself for proving the validity of the sale deed and consideration.

Written By: S Kundu & Associates
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