Certified True Copy (CTC) - Detailed Explanation

A Certified True Copy is not just a photocopy. It is a photocopy that the law has given the same power as the original.

Unlike a simple photocopy, a certified true copy carries legal recognition, making it acceptable in formal proceedings and official submissions.

1. Legal Definition

Under Section 76 of Indian Evidence Act, 1872 (Now BSA, 2023 - Section 78):

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 his name and his official title, and shall be sealed.

Essential Ingredients for Valid CTC:

1. Copy of original
2. Certificate at foot: "Certified to be True Copy" / "Certified True Copy"
3. Dated
4. Subscribed by officer with name + official title
5. Sealed
6. Officer must be custodian of original

If any one is missing, it is not a certified copy.

2. Two Different Worlds of CTC

A. For Public Documents - Court / Govt Office CTC
This is the Evidence Act CTC. Examples: FIR copy, Sale Deed from Sub-Registrar, Court Judgment copy, ROC records.

You get it from the public officer who is custodian. You cannot self-certify it.

B. For Private / Corporate Documents - Self-Certification

• Company Law: Certified true copy of Board Resolution
• Means a copy certified by authorized person of company as true.

Procedure for Board Resolution:
At top write "CERTIFIED TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING OF BOARD OF DIRECTORS HELD ON..."

At bottom: "Certified True Copy - For [Company Name]" with signature of Director / Company Secretary with DIN.

Certified true copy of the resolution means a copy of resolution passed by the company in general meeting or Board Meeting and certified by designation authority of the company.

This is accepted by Banks, ROC, Govt departments.

C. For Personal Documents - Notary Attested True Copy
Take original + photocopy to Notary Public. Notary verifies copy against original and stamps "Attested True Copy".

3. Creation Procedure - Step by Step

For Court / Govt CTC:

1. Apply in Copying Section with Application + Court Fee Stamp
2. Mention Case No / Document No, Year
3. Pay per page fee - Rs 2-5 per page
4. Copying branch makes copy from record
5. Examiner compares
6. Officer signs, seals, dates
7. Now under e-True Copy Module - Courts generate digital CTC with QR code for verification. Court shall accept it as certified copy only upon verification.

For Company CTC:

1. Take print of resolution on letterhead
2. Write "CERTIFIED TRUE COPY"
3. Two Directors / One Director + CS sign
4. Put company seal

4. Important Case Laws

Indian Case Laws:

1. State Bank of India vs India Power Corporation Ltd. - NCLAT Chennai (2023) - Free Copy vs Certified Copy
NCLAT held: Free Copy provided under NCLT Rule 50 cannot be treated as to be a Certified Copy referred to under NCLAT Rule 22(2) and the Free Copy will not satisfy to be a Certified Copy, as defined under NCLT Rule, to be read with Section 76 of the Evidence Act.

Free copy has no certificate at foot, no seal. So not admissible as certified copy for appeal filing. You must apply separately for CTC.

2. Supreme Court - Certified Copy Sufficient to Prove Original Sale Deed - 2023
Recent ruling: Certified copy of original sale deed is admissible in evidence.

Court held: This is as per Sections 65, 74, 77 read with Section 79 of Indian Evidence Act 1872 and Section 57(5) of Registration Act.

High Court in second appeal had rejected certified copy saying original sale deed must be produced. SC reversed: If document is public document (registered sale deed in Sub-Registrar office), its certified copy is admissible under Section 77 and presumption of genuineness under Section 79. No need to call Sub-Registrar.

This is landmark - reduced unnecessary technical objections.

3. Prithi Chand vs State of Himachal Pradesh - AIR 1989 SC 702
SC held: Secondary evidence of public document is admissible only by certified copy. If you produce uncertified photocopy, it is inadmissible even if you prove loss of original.

4. Madamanchi Ramappa vs Muthaluru Bojjappa - AIR 1963 SC 1633
SC clarified that certified copy must be of a public document which itself is admissible. If original is inadmissible, certified copy doesn't make it admissible.

Foreign / Persuasive Case Laws on CTC Photocopy:

This is most litigated point: Is photocopy of a Certified True Copy admissible?

5. OMONIYI v. OMOTOSHO (1961) 1 ALL NLR 304 - Supreme Court of Nigeria
Held that a photocopy of a Certified True Copy of a public document is not admissible in evidence.

6. MINISTER OF LANDS, WESTERN NIGERIA v. DR. NNAMDI AZIKIWE (1969) 1 ALL NLR 49 - Full Bench
Supreme Court held firmly that a photocopy of a certified true copy of a public document is not admissible in evidence in light of words "no other secondary evidence is admissible" in Section 90 of Evidence Act. To prevent fraud, you must get fresh certified copy, not photocopy the certified copy.

Principle: CTC itself is secondary evidence. Photocopy of CTC is secondary of secondary - not allowed.

Indian courts follow same logic under Section 63, 65 Evidence Act. In M/s Sejvath Traders vs State courts held photocopy of certified copy must be re-certified.

7. The Mistry Case - RBI vs Jayantilal N. Mistry (2015) - RTI Certified Copy
SC held that certified copies obtained under RTI under Section 2(j)(ii) - "taking notes, extracts or certified copies of documents" - are also valid certified copies if issued by PIO with seal and signature.

5. What Makes CTC Invalid - Grounds for Rejection

Courts have rejected CTC if:

1. No seal - only signature
2. Certificate not at foot of copy but on separate page
3. Not dated
4. Officer not custodian - e.g., Notary certifying Court judgment - Notary is not custodian, only Court copyist is.
5. Overwriting in certificate
6. For e-True Copy - QR verification fails

6. Difference Chart