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Originally Posted by ganpat1956 I have some reservations over this issue. The law of evidence permits that documents may be proved either by primary or secondary evidence. Sec.65 of the Evidence Act provides for the admissibility of secondary evidence under certain circumstances. In the instant case, eventhough the document obtained under RTI is not a certified copy, if the litigant files a sworn affidavit to the effect that he has obtained the copy of the documents through RTI and that the original is in possession of the party against whom the document is sought to be proved, then what will be the status of admissibility of this uncertified document. If there are any legal practitioners among our members, please clarify on this point. |
Section 6 (2) of the
RTI Act clearly read as "
An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him."
Further all such documents received under the
RTI Act are considered as public documents Section 74 of the Indian Evidence Act 1872, while certified documents are deemed to be originals under Section 77 of the Indian Evidence Act 1872.
Reading allof the above together, the receiver of documents under
RTI ACT can them for any purpose he wants to without any questions being asked.
I am not a legal expert.
