Certified copy

Introduction

Certified copy is a duplicate of a primary document that is endorsed by a governmental or independent agency to guarantee its authenticity. Certified copies may be required in many different circumstances from governmental to commercial. It avoids the potential of the true document from being damaged or stolen. As essential evidence, certified copies guarantee that the original document's information is retained and available for use in court. The use of certified copies expedites the legal process by removing the requirement for parties to always present the original document in support of their claims or defences. Nonetheless, their validity frequently depends on particular legal requirements and corroborating evidence, highlighting how crucial it is to follow procedural rules in the sake of justice.

Legal Provisions related to Certified Copy

In legal processes, certified copies are frequently necessary when delivering the original document is impractical. Since they have been verified as a true and accurate copy by an official, they can be used in place of the original document.

Bharatiya Sakshya Adhiniyam, 2023

• Under Section 58(i) of the Bharatiya Sakshya Adhiniyam, 2023 (hereinafter referred to as ‘BSA, 2023), certified copies are regarded as secondary evidence in India. One can apply to the concerned court's registry along with the prescribed fee to obtain a certified copy of a court order. The seal and stamp of the court will be present on the certified copy. Further, as per Section 60, a certified copy of a document may be included as evidence in certain situations, such as when the original is not readily transportable or is lost or destroyed.

• Section 76 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the admissibility of certified copies of public documents as evidence of their contents in judicial proceedings. This provision allows the filing of certified copies of public documents in court to establish the contents of the original documents. The certified copies, when presented, are held to be prima facie evidence of the contents of the original document, eliminating the necessity for further proof of their authenticity. This makes it easier for parties and court to rely on official records in proceedings. It applies only to public documents.

Public documents are defined in section 74 of the Act as those documents that are generally available to the public, including government records, court judgments, official government communications, land records, and similar documents. These are documents whose authenticity is generally not in doubt because of their official character and the statutory frameworks under which they are created. It explicitly recognises certified copies of public documents as sufficient proof of their contents, introduces great legal certainty into the evidentiary process. The provision reduces the logistical challenges of having to produce original documents in court, which may sometimes be difficult to obtain, lost or not easily accessible. Certified copies, which are readily available from the concerned custodians of public records, can be introduced in place of originals, thus promoting efficiency and facilitating smoother judicial proceedings.

• Section 77 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the proof of official documents. This section plays a crucial role in streamlining judicial proceedings and simplifying the introduction of evidence in legal matters. It provides that certified copies of official documents are admissible as evidence without further proof of their authenticity. This provision is particularly important in cases where original documents may be difficult to obtain, lost, or unavailable, thus offering a practical and efficient alternative for proving the contents of official records. The certified copies of official documents can be produced as evidence in judicial proceedings. When issued by an authorized person or a competent authority, a certified copy is treated as the very representation of the original document. Thus, it can be produced as evidence in court without further authentication and verification of its authenticity. The expression official documents under Section 77 would cover all kinds of documents prepared by governmental or statutory authorities.
• Section 78 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the presumption of genuineness relating to certified copies of documents. This provision is aimed at easy submission of documentary evidence during legal proceedings by raising a legal presumption in favour of the genuineness of certified copies and thus increasing judicial efficiency by reducing procedural burdens on the parties. It creates a presumption as to the genuineness of the contents of certified copies of documents. The section states that if a certified copy is tendered for proof, the copy is presumed to be genuine, unless the contrary is proved by evidence. This acts as a legal presumption that lightens the burden of the party presenting the certified copy, thereby exempting them from proving the authenticity of the original document unless they are challenged. A certified copy, as defined in Section 78, refers to a duplicate of an original document that has been verified and attested by an authorized person or competent authority. This certification assures the court of the document’s authenticity, allowing it to be treated as reliable evidence in legal proceedings. Such certification guarantees that the copy is a true and accurate representation of the original document.

The Bankers' Book Evidence Act, 1891

Section 2(8) of Bankers’ Books Evidence Act, 1891 defines certified copy to include printouts of data stored in a floppy, disc, tape or any other electro-magnetic data storage device, and a printout of any entry in the books of a bank stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism obtained by a mechanical or other process which in itself ensures the accuracy of such printout as a copy of such entry. The provision provides that such printout of such entry shall contain the certificate in accordance with the provisions of section 2A.

The Registration Act, 1908

• Section 57 of the Registration Act, 1908 mandates the Registering officers to allow the inspection of particular books and indexes and furnish certified copies of entries. It states that
  • Books Nos. 1 and 2 i.e. "Register of non-testamentary documents relating to immovable property” and “Record of reasons for refusal to register”, as well as the Indexes pertaining to Book No. 1, shall be accessible for review by any person requesting access, upon payment of the appropriate costs. In compliance with Section 62, copies of the entries from these books must also be sent to anyone who requests them.
  • Only the persons who executed the relevant documents or their agents, and anyone requesting such copies after the executants' deaths, may obtain copies of Book No. 3 and its Index.
  • Similarly, any person executing or claiming under the documents in question, or their agents or representatives, may obtain copies from Book No. 4 and its Index. It is vital to note that the registration officer is the only person authorised to search Books Nos. 3 and 4.
  • Lastly, in order for any copy to be used to prove the contents of the original documents, it must be sealed and signed by the registering officer.

Certified Copy of Court Records

Supreme Court Rules

Order XIII of the Supreme Court Rules 2013 outlines the procedure for obtaining certified copies, stating that applications for a "certified copy" or "unauthenticated copy" can be presented in the prescribed form (Form No. 29) by an Advocate-on-Record or a party in person, or sent by post to the Registrar, Copying Section, Supreme Court of India, New Delhi, along with the requisite copying fee for urgent or ordinary delivery.

• Right to Obtain Copies: A party involved in a proceeding before the Supreme Court is entitled to apply for and receive certified copies of all pleadings, judgments, decrees, orders, documents, and depositions of witnesses made or exhibited in that proceeding.  

• Non-Parties: A person who is not a party to a pending or disposed case, appeal, or matter may, for good cause shown, be allowed by the Court to receive such copies. If the applicant is not a party, the application must be accompanied by an affidavit specifying the grounds or reasons for requiring the copy and stating how the applicant is interested in obtaining it.  
• Information on Copies: After a copy is prepared, it must include the date the application was filed, the date the copy is to be received, the date on which the copy is made ready, and the date on which the copy is received by the applicant or sent to the applicant.  
• Certification and Sealing: Every certified copy issued by the Court must be certified by an Assistant Registrar/Branch Officer or another officer authorized by the Registrar as a true copy of the original. It must also be sealed with the seal of the Supreme Court, in accordance with Rule 6 of Order III of the Rules.  
• Restrictions on Issuing Certified Copies: No certified copy will be given for any registered document or a document that is itself a copy of the original document. However, if such a document is a copy annexed to any petition, appeal, application, reply, or other pleading presented in the Supreme Court, then an "unauthenticated copy" may be issued, but it must bear an endorsement stating "it is not a certified copy".  

• Confidential Documents: No party or person is entitled as of right to receive copies or extracts from any minutes, letters, or documents of a confidential nature, or any paper kept in a sealed cover or considered confidential by the Chief Justice or the Court, except under a specific order.

Order XXI and XXII of Supreme Court Rules, 2013 also provide for the requirement of providing certified copies along with the Special Leave Petition. Notably, Rule 1(19), Order V of the Supreme Court Rules, 2013 provide for a general exemption, according to which the Registrar may exercise powers for exemption from filing certified copies, but SLP exemption application must be posted before the Court along with the SLP.

e-Copying Software for Certified Copies

In a significant step towards digital transformation, the Supreme Court of India has introduced a web-based e-Copying software to facilitate the seamless and contactless delivery of Certified Copies of judgments and proceedings. This new initiative eliminates the need for stakeholders to visit the court registry physically, making the process more convenient and efficient. The certified copy module allows the stakeholders to apply for Certified Hard Copies of the Judgments/orders of the cases. It aids the litigants in tracking the status of their service request through sms.

The e-Copying module on the Supreme Court’s official website allows entitled stakeholders to apply for Certified Hard Copies of judgments and proceedings by making online payments for copying charges and postal fees. These copies can then be delivered to the applicant’s postal address or collected from designated counters at the Registry. Additionally, the software enables users to request e-authenticated copies, with the first such copy being provided free of cost via email, under existing rules. Users will receive real-time updates on their application status through SMS and email notifications. While this online facility enhances accessibility, the traditional method of obtaining certified or unauthenticated copies as per the Supreme Court Rules, 2013, and the Handbook on Practice and Procedure and Office Procedure, 2017, continue to remain in effect.

High Court Rules

Delhi High Court

Certified copies are being provided under the rules incorporated in Chapter 5, Volume V, Delhi High Court Rules and Orders. One can obtain a certified copy of a judgment by making an application in this regard under the above rules provided he is a party to the pending proceedings. In a decided case anybody can apply for obtaining a certified copy. At present two types of certified copies are being provided to litigant public.

1. Digital Copy: The digital copy is provided to the applicant through digital data available in the server which is firstly uploaded by the concerned Private Secretary after signature of the Hon’ble Judge and of the Registrar/ Joint Registrars, as the case may be.
2. Manual Copy: The manual certified copy is provided after the judgment is photocopied and compared with the original case file.

The "e-True Copy Rules, 2024" are in addition to the existing facility of providing attested physical copies. E-True copy is defined under the e-True Copy Rules of the High Court of Delhi, 2024, as “an authenticated electronic copy generated from the Digitized record containing particulars as prescribed by the High Court Rules”. The Rules are applicable to the Delhi High Court and district courts under its administrative control. The Rules allow a party entitled to e-true copy, to make an electronic application for grant of e-True Copy through the official web portal or mobile application of the High Court or District Court. The Rules provide legal recognition an authenticated e-true copy as a certified copy of the digitized record, as provided under the Information Technology Act 2000. An e-True copy may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.

Karnataka High Court

The provisions of Chapter 23 of the Karnataka Civil Rules of Practice, 1967 apply to the issue of certified copies. To avail certified copies, applicants must submit a formal request specifying the document(s) needed. Such an applicant can be a party or a person who is not a party to the suit or proceeding, provided that sufficient reason is shown to the satisfaction of the Court. The court staff verifies the details and calculates the requisite fees, upon payment of which the copying process commences. Certified copies, bearing the official seal and signature of the designated officer, are prepared by authorized court personnel, ensuring accuracy and authenticity. The court maintains a register of all applications received and certified copies issued, ensuring transparency and accountability.

The Karnataka High Court provides for online certified copies of court records including interim orders. outline the procedures, eligibility, responsibilities of court staff, and legal considerations tied to issuing certified or "true" copies of case documents. The process for applying is standardized:

• The applicant has to submit a formal application detailing the case, the parties involved, and the specific documents required.
• Court staff then verifies the application, calculates the applicable fee, and initiates the process upon payment.
• Certified copies, once approved, are prepared by authorized officers and bear official seals and signatures, affirming their legal authenticity.

Kerala High Court

Chapter 10 of Rules of High Court of Kerala provides for Certified Copies. Rule 128 states that any application for obtaining a certified copy of any proceeding or judgment or document filed in or in the custody of the Court, shall be filed in Form No.9, either in person or by online process after paying the requisite fees prescribed under Rule 137 by electronic payment (e-payment). As per Rule 137, the copying charges shall be fixed by the Chief Justice from time to time which shall be notified and published in the official website of the High Court of Kerala. Rule 131 provides for the application for Copies by a Party to the Proceedings in the High Court and Rule 132 provide for application for Copies by Persons not Party to the Proceedings.

• The Kerala High Court in Yeshwanth Shenoy Vs. Sojan Pavanios and Ors.detailed the procedure by which third party can file an application for certified copies.The Court held that under that Rule 132(2) of the High Court of Kerala Rules (as amended in 2021) mandates a verified petition along with an affidavit stating the purpose, conforming to specific procedural requirements (Rules 72–79). Referring to Supreme Court and High Court precedents, the Court emphasized that the RTI Act, 2005 does not override procedural rules set by the High Court, which serve to protect judicial integrity and confidentiality. The Court permitted the applicant to refile the application in compliance with the rules and directed the Registry to ensure consistent scrutiny of such filings.

Rule 133 of the “Rules” states that records of documents filed in subordinate courts which forms part of the case records pending in the High Court, if they are available in the High Court, a certified copy of the record can be obtained from the High Court on the orders of the Registrar (Judicial) on filing a duly verified petition setting forth the necessity and the reason as to why the copy was not obtained from the Subordinate Court. Rule 135 states that the authorised officer shall intimate the date for appearance to receive the copy in the e-mail address of the applicant and also notify the date for appearance on the notice board in the section.

Rule 138 (4) states that the certified copy can also be issued in digitized form in the manner as may be prescribed from time to time by the Chief Justice. The High Court vide notification dated 18.5.2020 has made facility for availing the certified copy of the judgment and orders through online process. Online copy application solution is designed and developed for High Court and Subordinate courts. The advocates and public can avail the service for applying certified copy of Judgements, Orders and and other documents like lower court documents through this system.

Odisha High Court

Chapter XXI of Odisha High Court Rules provides for rules to obtain certified copies. It also provides online certified copies.

Notably, the High Court of Odisha also provides for Certified Copy Status

Certified Copy Status; High Court of Odisha. Available at: https://www.orissahighcourt.nic.in/certified-copy-status/

Punjab and Haryana High Court

Grant of copy is subject to Rules and Orders of High Court of Punjab and Haryana Volume V Chapter 5 Part A and Volume V Chapter 5 Part B . The rules provides for eligible persons entitled to copies, The users can apply online to be issued unattested/certified/uncertified copies in decided cases only. Additionally, The High Court of Punjab and Haryana issued Guidelines for getting certified copies of electronic records and preserving electronic records.

High Court of Himachal Pradesh

The High Court of Himachal Pradesh has also enabled an online system for obtaining certified copies. An application can be made through the website of the High Court or District Courts, by entering requisite details such as case number and party details. On payment of prescribed fees, the copying process will be initiated.

Tribunals

National Company Law Tribunal (NCLT)

Rule 50 of the NCLT Rules, 2016 mandates the National Company Law Tribunal (NCLT) Registry to provide a certified copy of final order passed to the parties concerned free of cost. It further clarifies that the certified copies may be made available with cost (as per the Schedule of Fees), in all other cases. Furthermore, Rule 150(3) of the NCLT Rules also provides that “a certified copy of every order passed by the Hon’ble Tribunal shall be given to the parties.” Moreover, Entry 31 of the Schedule of Fees in NCLT Rules provides fees for “obtaining certified true copy of final order passed to parties other than the concerned parties under Rule 50.” Thus, the parties to the proceeding are provided certified copy of the order free of cost as envisaged under the NCLT Rules.

Case Laws on Certified Copies

Chief Information Commr. v. High Court of Gujarat

In Chief Information Commr. v. High Court of Gujarat the Supreme Court of India clarified the legal validity and evidentiary value of certified copies of court records, especially in the context of electronically available records. It clarified that a third party to the case, on showing good cause, may be allowed to obtain certified copies of documents or orders, according to Order 13 Rule 2 of the Supreme Court Rules. Similarly, the Rules of the High Court stipulate that third parties have to file an application stating the reasons for which the certified copies are required (Rule 151). The Supreme Court observed that the Rules framed by the Gujarat High Court are in consonance with the Right to Information Act, 2005 (hereinafter referred to as ‘RTI Act’), as it neither prohibits nor forbids dissemination of information or grant of certified copies of records. It was further held that the certified copies on the judicial side are to be obtained through the mechanism provided under the High Court Rules, and the provisions of the RTI Act are not to be resorted to.

Smt. Rekha Rana and Ors. vs. Smt. Ratnashree Jain,

It Smt. Rekha Rana and Ors. vs. Smt. Ratnashree Jain the court considered the admissibility of a certified copy of a sale deed as evidence of the sale deed itself. Using Karuppanna Gounder v. Kolandaswami Gounder as precedent, the Madras High Court held that although certified copies are admissible to demonstrate the contents of original documents, this is subject to the establishment of grounds for secondary evidence, such as the original's loss or unavailability. The court stated that if the other party acknowledges the existence and contents of the original document, certified copies from the Registrar's office are admissible as secondary evidence under the Indian Evidence Act. The court also emphasised that certified copies do not remove the requirement to demonstrate that the original document was executed. In conclusion, certified copies can be used to demonstrate the contents of original papers, but secondary evidence requirements must be met and the original's execution still needs to be proven.

Cement Corporation of India Ltd vs. Purya & Ors.,

In Cement Corporation of India Ltd vs. Purya & Ors. the court considered whether certified copies of sale deeds were admissible under Section 51-A of the Land Acquisition Act. It was decided that although certified copies may be used in place of original sale deeds under this clause, they are not always admissible. In order to prove the authenticity and context of the transaction, witnesses (either the seller or the vendee) must be questioned. The court stressed that although certified copies can be entered as secondary evidence, the content of the copies must still be supported by evidence that complies with legal requirements. This gives the court the authority to decide whether or not the copies are admissible.