The Supreme Court (SC) on Friday said a duplicate or photocopy of original documents, whether in paper or electronic form, can be admitted as evidence in court.
In a decision penned by Chief Justice Alexander Gesmundo, the SC’s First Division noted it is admissible as evidence provided there is no genuine question regarding the original’s authenticity or fairness in using the copy.
“This approach reflects the practical realities of document usage and storage in the modern world, where duplicates are often indistinguishable from originals and can be more accessible,” the High Court said in its decision.
Citing Rule 130, Section 4(c) of the 2019 Revised Rules on Evidence, which took effect in 2020, a duplicate is admissible as the original unless there is a genuine question about the original’s authenticity, or it would be unfair to use the duplicate.
This rule applies to both paper-based and electronic documents, reflecting the modern reality where duplicates are often as reliable as originals, according to the SC.
A photocopy is considered a duplicate as defined under the Revised Rules on Evidence, it added.
The High Tribunal, however, emphasized that while a photocopy may be admissible, its weight or value depends on how well it corroborates or supports other available evidence.