AIR 2015 MADHYA PRADESH 186 ::(2015) 153 AllIndCas 282 (MPG) ::(2015) 2 MPLJ 337 ::(2015) 3 MPHT 335

Madhya Pradesh High Court

Hon'ble Judge(s): Sujoy Paul , J

Right to Information Act (22 of 2005) , S.2(j)— Evidence Act (1 of 1872) , S.65(f)— Documents obtained under RTI Act - Being certified copies - Admissible as secondary evidence. Clause (f) of S. 65 of Evidence Act makes it crystal clear that a certified copy permitted under the Evidence Act or by any other law in force can be treated as secondary evidence. Right to Information Act, falls within the ambit of 'by any other law in force in India'. The definition of 'right to information' makes it clear that certified copies of documents are given to the citizens under their right to obtain information. Thus, documents obtained under RTI Act can be admitted as secondary evidence. Further, when the definition under S. 2(j) of RTI Act is itself showing that documents under Act are certified copies, then the plea that documents obtained under RTI Act were either true copies or attested copies would not be acceptable. Moreover, since documents are covered under S. 65 of 1872 Act, there is no need to compare same with original.(Para 8 9) .....