In view of the above analysis, the xerox copy certified by the designated Public Information Officer under Right to Information Act of the private documents are not certified copies within the meaning of the provisions of Section 65 of the Evidence Act. They are merely true copies of the private documents available in the records of the particular Department. The production and marking of such copies is permissible only after laying a foundation for acceptance of secondary evidence under clauses (a) (b) or (c) of Section 65 of the Act. The condition prescribed under the above cases (a), (b) or (c) of Section 65 of the Act have to be fulfilled before marking the true copies obtained under the Right to Information Act. However, the true copies of public documents certified by the designated Information Officer can be taken as certified copies of the public documents.
HYDERABAD HIGH COURT
Datti Kameswari Vs;Singam Rao Sarath Chandra and another
Coram: HONBLE SRI JUSTICE A. RAMALINGESWARA RAO
Civil Revision Petition Nos.3031 and 3048 of 2015
Citation; AIR 2016 Hyderabad 112