Introduction
A certified copy is a duplicate or reproduce of an original document that has been verified as a true and accurate copy by an authorised person or authority
This certification is typically indicated by a stamp, seal, or signature on the copy along with a statement confirming its originality
Certified copies are invaluable in a court case plays a vital role in substantiating evidence, preserving original documents, ensuring admissibility, verifying authenticity, enhancing accessibility and convenience, facilitating acceptance in different jurisdictions, and offering cost-effectiveness
Certified copies are essential for ensuring the integrity and authenticity of important records and documents in various official and legal context
Uses of certified copy in courts
Certified copy is categorised in various types and it based on the nature of document and where its is required –
Evidence Submission: Certified copies of documents such as contracts or agreements and correspondence are submitted as evidence to support legal claims or defence in civil and criminal cases.
Court Orders and Judgements: Certified copies of court orders judgements, rulings, and decrees are issued by court clerks to parties involved in the case. These certified copies serve as official records of the court’s decisions and are often required for compliance, appeals, or enforcement purposes.
Discovery and Disclosure: Certified copies of documents relevant to a case, obtained through the discovery process are provided to opposing parties to ensure transparency and fairness in legal proceedings.
Records Authentication: Certified copies of vital records (such as Residences certificate ,birth certificates, marriage certificates, and death certificates) or other official documents are often required to verify facts or establish legal status in matters like inheritance, custody disputes, or immigration cases.
Warrant Execution: Certified copies of warrants issued by courts, such as arrest warrants or search warrants, are provided to law enforcement agencies for execution in accordance with legal proceedings .
Notices and Summons: Certified copies of notices, summonses, and subpoenas issued by the court are served to parties involved in a case to inform them of legal obligations, hearings, or appearances required
Uses of certified copy in civil cases or criminal cases –
Civil cases
Evidence Submission: Certified copies of contracts, agreements, invoices, emails, and other documents are submitted as evidence to support claims or defence in civil disputes such as contract breaches, property disputes, money disputes or tort cases.
Official Records: Certified copies of birth certificates, marriage certificates, divorce decrees, property deeds, and other vital records are often required to prove facts relevant to the case, such as ownership, marital status, or familial relationships.
Court Orders and Judgements: Certified copies of court orders, judgement rulings, and decrees are issued to parties involved in civil litigation. These copies serve as official records of the court’s decisions and are used for compliance, enforcement, or appeal purposes.
Discovery and Disclosure: Certified copies of documents obtained through the discovery process, such as financial records or correspondence are shared between parties to ensure transparency and fairness in legal proceedings.
Contractual Agreements: Certified copies of contracts or agreements are used to enforce terms and conditions agreed upon by parties involved in civil disputes, such as business contracts or rental agreements.
Criminal Cases
Evidence Submission: Certified copies of police reports, forensic reports, witness statements, fir and other documents are submitted as evidence to support prosecution or defence in criminal trials.
Criminal Records: Certified copies of criminal records, including arrest records, indictments, and judgements, are used by prosecutors and defence attorneys to establish the criminal history of defendants or victims.
Court Orders and Sentences: Certified copies of court orders, sentencing judgements, and probation or parole terms are issued to defendants, attorneys, and correctional facilities to ensure compliance with legal obligations and monitor progress.
Warrants and Summons: Certified copies of arrest warrants, search warrants, and summonses issued by the court are provided to law enforcement agencies to facilitate legal actions such as arrests, searches, or seizures.
Chain of Custody: Certified copies of chain of custody documents for physical evidence are maintained to establish the integrity and admissibility of evidence in criminal proceedings, ensuring it was properly handled from collection to presentation in court.
Procedure Apply certified copy in District court and High court
An application for a copy of a record of the High Court, or of a District and Sessions Court, or of an Office or Court of Commissioner or of the Financial Commissioner made to a lower court, or office, in which the record may be lying at the time of the application, shall be complied with only with the permission of the Court or officer concerned
An application for supply of attested copy of Judgement / Order of decided case of High Court may be made by the person entitled and in the manner prescribed in Chapter 5-B of the Rules and Orders of Punjab and Haryana High Court, Volume-5, to the Copying Supervisor of the copying agency in any District Court in the States of Punjab, Haryana and Chandigarh.
Whenever an application is made for a copy of record in case in which the record is before the High Court, the application shall be forwarded to the High Court for disposal.
If the application be made under section 548 of the Code of Criminal Procedure, 1898, by a prisoner in Jail and is submitted with the grounds of appeal or for revision, the memorandum of appeal for the petition for revision, as the case may be, shall also be forwarded along with the application
Every application shall, as far as possible, be in Form C.D.I. and bear a forty paise court fee stamp, apart from the court fee stamps, if any, to cover the cost of the copy
Conclusion
Certified copies play a crucial role in a court case, serving as reliable and authenticated evidence. They offer several benefits and applications that contribute to the fairness and efficiency of the legal process. This article explores the use of certified copies in a case, highlighting their importance and various ways they are used
By Prince ( intern)