Original sale deed lost, can I give photocopy in evidence in court?

[Anonymous]

During the hearing of a civil suit, I am required to file the original sale deed in respect of a property. However, the original sale deed has been lost. But, I have a photocopy of this sale deed which is notarised also. Can I produce this document in the court as evidence or there is any issue with such evidence?

[Dr. Ashok Dhamija]

Photocopy of an original document is a “secondary evidence” of the document. Since you have mentioned that the original document (which is the “primary evidence”) has been lost, you are permitted to file the photocopy of the document as secondary evidence, as per the provisions of clause (c) of Section 65 of the Evidence Act. However, first you’ll have to adduce evidence to show that the original document has been lost.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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