Punjab and Haryana High Court sets norms for photocopies as evidence

Chandigarh, December 12
In a first, the Punjab and Haryana High Court has laid down the principles on admissibility of photocopies as secondary evidence in court cases. The principles are to be followed by the courts while admitting a photostat copy as secondary evidence and assessing its probative value.

Justice Paramjeet Singh has, in fact, elaborated on the circumstances under which photostat copies of original documents can be tendered in evidence; and whether the photostat copies of documents are covered within the meaning and definition of secondary evidence contained in Section 63 of the Indian Evidence Act, 1872.

Justice Paramjeet Singh has asserted that the photostat copy of a document can be allowed to be produced only in absence of original document. When a party seeks to produce photostat copy, it has to lay the foundational facts by proving that original document existed and is lost. Or else, it has to prove that the original document is in possession of opposite party, who failed to produce it.

Taking up the petition filed by Surinder Kaur against Mehal Singh and other respondents in a case hovering around a will, Justice Paramjeet Singh also clarified that mere assertion of a party is not sufficient to prove the foundational facts. The objections as to non-existence of such circumstances or non-existence of foundational facts must be taken at earliest by the opposite party after the photostat copy is tendered in evidence.

When the opposite party raises an objection, the authenticity of photostat copy has to be determined, as every copy made from a mechanical process may not be accurate. “Allowing production of photostat copy in evidence does not amount to its proof. Its probative value has to be proved and assessed independently. It has to be shown that it was made from original at particular place and time,” Justice Paramjeet Singh asserted.

The accuracy of photostat copy shall be established on oath to the satisfaction of court.