Certified Copy

What is a Certified Copy?

A **certified copy** is an **officially authenticated reproduction** of an original document — such as a court judgment, decree, order, FIR, registered sale deed, or other official record — issued by the custodian of the original document and bearing their official **seal, signature, and certification** that it is a true and correct copy of the original.

In simple terms, when you need a copy of a court judgment or a property document that has the same legal value as the original, you apply for a "certified copy." The court or registration office provides a copy stamped with an official seal confirming "this is a true copy of the original on record." This certified copy can be presented in other courts, used for filing appeals, or submitted as evidence.

Legal Definition and Framework

The law governing certified copies in India is found in the **Indian Evidence Act, 1872** (now **Bharatiya Sakshya Adhiniyam, 2023**), the **Code of Civil Procedure, 1908**, the **Registration Act, 1908**, and specific rules framed by individual courts.

Evidentiary Framework

**Section 76 of the Evidence Act (Section 78 BSA):**

Every public officer having the custody of a public document which any person has a right to inspect shall give that person, on demand, a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with their name and official title.

**Section 77 (Section 79 BSA):**

Certified copies of public documents may be produced in proof of the contents of the documents or parts of the documents of which they purport to be copies.

**Section 79 (Section 81 BSA):**

The court shall **presume** that every document purporting to be a certificate, certified copy, or other document which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer in India, is genuine, provided that such document is substantially in the form and purports to be executed in the manner directed by law.

This presumption is powerful — it means the opposing party bears the burden of proving that the certified copy is not genuine.

Under the CPC — Certified Copies for Appeals and Execution

Several provisions of the CPC require certified copies:

- **Order 41 Rule 1:** A memorandum of appeal must be accompanied by a **certified copy of the decree** and the **judgment** appealed against (unless already on record). Failure to file the certified copy can result in the appeal being rejected at the threshold.

- **Section 12 of the Limitation Act, 1963:** The time taken to obtain a certified copy of the judgment or decree is **excluded** from the limitation period for filing an appeal. This means if the limitation period for filing an appeal is 30 days and it takes 10 days to obtain the certified copy, the effective period for filing is 40 days from the date of the judgment. This provision recognises that obtaining certified copies takes time and the appellant should not be penalised for it.

- **Order 21 (Execution of Decrees):** A certified copy of the decree is required when filing an execution petition, particularly when the decree is to be executed in a court other than the one that passed it.

Under the Registration Act, 1908

**Section 57:** Copies of documents registered under the Registration Act may be obtained from the Sub-Registrar's office. These certified copies are evidence of the contents of the registered document.

**Section 62:** Certified copies of entries in the registration books are admissible as evidence of the contents of the registered document.

How to Obtain a Certified Copy

**From Courts:**

1. **Application:** File an application in the prescribed form with the court where the original record is maintained. The application must specify the case number, the document sought (judgment, decree, order), and the parties' names.

2. **Payment of fees:** Pay the prescribed fees — these vary by court and by state. Fees typically include a copying fee (per page) and an urgent fee (if expedited processing is requested).

3. **Preparation:** The copying section of the court prepares the copy by reproducing the original document. In many courts, this is now done digitally.

4. **Certification:** The authorised officer (typically the Registrar, Deputy Registrar, or Reader/Ahlmad) certifies the copy as "true copy" or "certified to be a true copy of the original," signs it, and affixes the court's seal.

5. **Collection:** The applicant collects the certified copy or it may be sent by post.

**From Registration Offices:**

Apply to the **Sub-Registrar's office** where the document was registered, paying the prescribed fees. The Sub-Registrar provides a certified copy from the registration records.

When Does This Term Matter?

Filing Appeals

Obtaining a certified copy of the judgment and decree is the **first step** in filing an appeal. The certified copy must be annexed to the memorandum of appeal. The date of applying for the certified copy is crucial for limitation purposes — it marks the beginning of the exclusion period under Section 12 of the Limitation Act.

Execution of Decrees

When a decree needs to be **executed** — particularly in a court other than the court that passed the decree (transfer of decree under Section 39 CPC) — a certified copy of the decree is essential. The executing court relies on the certified copy to understand the terms of the decree.

Property Transactions

Certified copies of registered documents (sale deeds, mortgage deeds, lease agreements) are frequently required for:

- **Title verification** during property transactions.

- **Obtaining loans** — banks require certified copies of title documents.

- **Mutation and revenue records** — certified copies of sale deeds are submitted to the tehsildar for mutation of revenue records.

- **Court proceedings** — when the original document is with the registration office, a certified copy serves as evidence.

Evidence in Court

Certified copies of public documents are admissible as **secondary evidence** of the contents of the original document. They enjoy a statutory presumption of genuineness under Section 79 of the Evidence Act, making them valuable in litigation.

Practical Significance

- **Apply for certified copies immediately** after a judgment is pronounced, especially if you intend to file an appeal — delays can eat into your limitation period.

- **Urgent/express certified copies** are available in most courts for an additional fee. If the limitation period is short, opt for the urgent route.

- **Section 12 exclusion** is automatic — you need not file a separate application. However, you must produce evidence (the certified copy receipt) showing the date of application and the date of receiving the copy.

- **Digital certified copies** are increasingly available through the eCourts system. The Supreme Court and several High Courts provide electronically signed certified copies.

- **Preserve certified copies carefully** — they are officially authenticated documents and may be required at multiple stages of litigation and for property transactions.

Frequently Asked Questions

Is a certified copy as good as the original document?

For **evidentiary purposes**, a certified copy of a public document is admissible as evidence of the contents of the original and enjoys a presumption of genuineness under **Section 79 of the Evidence Act**. However, it is technically **secondary evidence** — the original, if available, has higher evidentiary value. In situations where the authenticity of the document is challenged (allegations of forgery or tampering with the original), the original may need to be produced and examined. For practical purposes — filing appeals, executing decrees, property transactions, bank submissions — a certified copy is fully accepted and functions the same as the original.

How long does it take to get a certified copy from a court?

The timeline varies significantly by court and location. In the **Supreme Court**, certified copies are typically available within **3-7 working days** for ordinary applications and **1-2 days** for urgent applications. In **High Courts**, the timeline ranges from **7-15 days** for ordinary and **2-3 days** for urgent. In **district courts**, it can take anywhere from **7 to 30 days** depending on the court's workload and administrative efficiency. Some courts with digital record systems provide copies faster. Always apply early if you have a limitation deadline approaching.

Can someone other than the party to the case obtain a certified copy?

Generally, yes. Court judgments and orders are **public documents** (with exceptions for in-camera proceedings under family law or cases involving minors). Any person who has a right to inspect a public document can obtain a certified copy by paying the prescribed fee. Under **Section 76 of the Evidence Act**, the public officer having custody of a public document must provide a certified copy to any person who has a right to inspect it. However, certain documents — such as FIR copies, case diaries, and sealed cover documents — have access restrictions, and certified copies may only be issued to parties or their authorised representatives.

What is the difference between a certified copy and a plain copy?

A **certified copy** is officially authenticated by the custodian of the original — it bears the officer's signature, designation, date, and the court's seal, along with a certification that it is a true copy of the original. It is admissible as evidence in court and enjoys a statutory presumption of genuineness. A **plain copy** (also called an uncertified copy or a photocopy) is merely a reproduction of the document without any official authentication. A plain copy is **not admissible as evidence** unless the original or a certified copy is also produced, or unless the court permits its use in specific circumstances. For legal proceedings, property transactions, and official submissions, always use certified copies.