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certified copy

English · Legal profession and documents

Meaning. A copy of a public document certified by its official custodian to be a true copy.

A public officer who has custody of a public document that any person has a right to inspect must give a copy on demand and payment, with a certificate at the foot that it is a true copy. The certificate is dated, signed with the officer's name and designation, and sealed where the officer uses a seal (s.75 BSA, old s.76 Evidence Act).

Certified copies are a form of secondary evidence and may be produced to prove the contents of the public document. In civil practice a certified copy of the judgment or decree is needed to file an appeal, and the time spent obtaining it is excluded when computing limitation.

Example

The plaintiff proved the mutation entry by producing a certified copy issued by the Tahsildar, which is admissible as secondary evidence of a public document.

In Indian law

  • Section 75, Bharatiya Sakshya Adhiniyam, 2023 (old s.76, Evidence Act) (certified copies of public documents)
  • Section 12(2), Limitation Act, 1963 (time requisite for obtaining a copy of the decree or order excluded)

See also

public document · secondary evidence · appeal

Read more in the study notes

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