Legal Question in Criminal Law in India

Xerox copy as evidence

Hi,

Iam from Kanyakumari. One of my enemies from Chennai sent a threat letter to me that if I dont pay him 5 lakhs, he will finish my family. This happened 3 months back and I also didnt care about it. I threw away the letter, but had a xerox copy of the registered cover's front and back side and also a xerox copy of the letter that was inside. But yesterday, that guy sent a rowdy and had threatened my wife when I was not there at home.

The xerox copy of the registered cover has our indian postal registration barcode and the backside crystal clearly shows the date, time, which postoffice at chennai and even in which counter the post was posted.

Is this xerox copy enough as an evidence to be submitted in the court? Will the criminal courts accept xerox copies as evidence? I dont have the original cover, because I was a little negligent and didnt expect that the matter would go this serious.

If the xerox copy is not accepted as evidence, can I get a letter from that particular post office master general, by showing the barcode number, to support my xerox copy? Should I do this or our police should do this?


Asked on 4/02/07, 3:03 pm

5 Answers from Attorneys

Re: Xerox copy as evidence

Firstly you decide yourself and take a firm stand. file a complaint with police and also file the copy of letter. Donot worry photocopy of the letter is also relevant and can be read in evidence but in that case you must have to prove that origional is lost and destroyed.

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Answered on 4/04/07, 1:07 pm
mrugank patnaik msnp

Re: Xerox copy as evidence

generally xerox copy is not taken as evidence,but in some cases it can be evidence.

However considering your case ,it is suggested that you take help of police.

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Answered on 4/03/07, 11:40 am
G. M. Gupta gmguptaandassociates

Re: Xerox copy as evidence

in criminal proceedings work is done by police and you just need to help them.

the photo copy will work and just need to be testified by the postmaster or clerk of the post office concerned.

that all will be done by prosecution .....you just help them

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Answered on 4/22/07, 2:15 pm
Kumar Manish Kalp Associates

Re: Xerox copy as evidence

Hi,

Looking into the seriousness of the matter, you should first report it to the Police. My advice is to consult any local counsel who will assist you in filing the complaint. The nature of the evidence will be looked into by the Court at a much later stage and at this point of time you can rely on the evidences you have.

Thanks & Regards,

Kumar Manish

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Answered on 4/03/07, 2:20 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Xerox copy as evidence

There is an express provision of adducing secondary evidence in the absence of primary evidence. Therefore, xerox copy of the letter etc. can be adduced as secondary evidence.

However, it appear very unrealistic that you destroyed the originals but retained xerox thereof!!

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Answered on 4/03/07, 5:15 am


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