Primay evidence.

Querist : Anonymous (Querist) 06 April 2011 This query is : Resolved
the documents which we have sought form the RTI are called as a primary evidence as per the indian evidence act, 1872 because it is a public document ihave heard that every public documents are primary evidence ? & to present that document in the court do exhibit process is necessary because my colleague say that exhibit & notary is not required to the RTI documents which we have sought that can be directly present to the court or tribunal. becasue it is a primary evidence . becasue my ADVOCATE SAYS THAT THE ABOVE MENTIONED INFORMATION IS NOT CORRECT WE HAVE TO exhibit the documents though it is a public document & notary is not required. ?

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Advocate. Arunagiri (Expert) 06 April 2011
If you have obtained certified copies through RTI you can file the same as evidence, notary is not required.

Kirti Kar Tripathi (Expert) 07 April 2011
The information received through RTI Act is not public document. the public documents can be defined as follows.
1. Document issued or published for public knowledge.

2. Document (such as court records, land deeds, and public registers) authenticated by a public officer and made available for public reference and use. Statements by public officers in such documents in their official capacity are admissible evidence of fact in civil matters. Also called public record.

Thus any document obtained through RTI processes has to be proved in accordance with provision of Indian Evidence Act. Court can not take judicial notice of those documents which are not proved and exhibited in accordance provision of Act.

Naresh Kudal (Expert) 08 April 2011
Dear Querist you are with misconception on primary and secondary evidence. First of all copies obtained under RTI are not primary evidence and according section 65 (e) of evidence act if original is public document, then that can be proved by producing certified copy of the same. pl go through sec. 63 to 65 of evidence to clear your concept.

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