क्या हम RTI दस्तावेजों को साक्ष्य Evidence के रूप में उपयोग कर सकते हैं?

Описание: क्या हम RTI दस्तावेजों को साक्ष्य Evidence के रूप में उपयोग कर सकते हैं?
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Presented by - Bhuneshwari Devi Advocate
Are RTI Certified Copies Admissible as Evidence in Court?”

• Can documents obtained under RTI be used in court?
• Are RTI replies automatically admissible?
• Do we need to summon original records?
Today we will answer this with Evidence Law provisions.

What is an RTI Certified Copy?
Under the Right to Information Act, 2005
• Information is supplied by a Public Information Officer (PIO)
• Issued by a Public Authority
• Often bears official seal/signature
Question: Does this make it evidence?
Relevant Law (Evidence Act)
Under the Indian Evidence Act, 1872:
Section 74 – What is a Public Document (Practically Speaking)
Section 74 covers:
• Records of acts of public officers
• Records of acts of sovereign authority
• Public records of private documents
In litigation terms:
If a government officer performed an official act
And that act is recorded in official custody
That record is a public document.
Examples:
• FIR
• Charge-sheet
• Sanction order
• Government notification
• Revenue entry
• Court proceedings
Now, when you file an RTI application, the PIO does not “create” evidence.
He only supplies a copy of what already exists in official records.
So the admissibility does not come from the RTI Act.
It comes from Section 74.
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2️⃣ Section 76 – Why Certification Matters
This is where most lawyers go wrong.
A document becomes usable under Section 77 only if it is a certified copy.
Certification must show:
• True copy
• Signature of officer
• Official seal (where applicable)
Without certification, it is just a photocopy.
If RTI supplies:
• Properly signed and stamped copy → You are safe.
• Mere printout without authentication → You are exposed.
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3️⃣ Section 77 – What It Actually Allows
Section 77 says:
Certified copies may be produced in proof of contents.
Important — “proof of contents” does not mean proof of truth.
It proves:
• That such a record exists
• That it contains those entries
It does not prove:
• That the entries are correct in substance
That distinction wins or loses cases.


Important Clarification
⚠️ Admissibility ≠ Proof of Truth
Court may admit the document, but:
• Opposite party can dispute contents
• Cross-examination may still be required
• Court assesses evidentiary value
When Court May Reject
• If document is not certified
• If it is merely a photocopy
• If authenticity is specifically challenged
• If it is an opinion, not a record
RTI certified copies:
✔️ Are public documents
✔️ Are admissible in evidence
✔️ Do not always require original production
❗ But evidentiary weight depends on facts


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