Legal Analysis of Original Documents, Certified and Scanned Copies, and Parcel Laws in India

Introduction

In Indian legal practice, the evidentiary value of documents and the regulation of parcel transmission are governed by a complex interplay of statutory provisions, judicial interpretations, and constitutional principles. With the increasing digitization of records and the expansion of logistics and courier services, courts are frequently required to assess the admissibility, authenticity, and reliability of original documents, certified copies, scanned electronic records, and parcel-related liabilities.

This blog provides a detailed legal analysis of:

• Original documents and their evidentiary primacy
• The legal distinction between scanned and physical copies
• Court-certified copies and their statutory presumption
• Parcel laws in India, including misuse during emergencies
• Judicial rejection of treating human beings as parcels

The discussion incorporates provisions from the Indian Evidence Act, 1872, the Bharatiya Sakshya Adhiniyam, 2023, the Indian Post Office Act, 1898, the Carriage by Road Act, 2007, and relevant constitutional jurisprudence.

Original Documents: Definition and Judicial Interpretation

Remembered under Indian evidence law, original documents constitute the foundational form of documentary evidence.

Statutory Definition

• Section 62, Indian Evidence Act, 1872
• Section 57, Bharatiya Sakshya Adhiniyam, 2023

An original document is the document itself produced before the court for inspection. It contains the actual contents, signatures, execution, or marks of the person concerned and is neither a reproduction nor a derivative copy.

Judicial Position

The Supreme Court has consistently accorded primacy to original documents:

• State of Rajasthan v. Khemraj (2000) 9 SCC 241
  The Court held that originals must be preferred during evidentiary examination, as reliance on copies alone may dilute evidentiary integrity.
• Roop Kumar v. Mohan Thedani (2003) 6 SCC 595
  Secondary evidence is inadmissible unless strict conditions under Section 65 (now Section 60 BSA, 2023) are satisfied.

Original documents therefore retain full evidentiary value unless their non-production is satisfactorily explained due to loss, destruction, or lawful unavailability.

Scanned Copies vs Physical Copies: Legal Distinction

Meaning and Nature

• Physical Copy: A handwritten or printed document, sometimes treated as a duplicate original (e.g., carbon copies).
• Scanned Copy: A digitized version (PDF, JPEG, TIFF) of a physical document, qualifying as an electronic record.

Though content may be identical, their legal treatment differs significantly.

Admissibility of Scanned Copies

Scanned documents are governed by:

• Sections 65A & 65B, Indian Evidence Act
• Section 63, Bharatiya Sakshya Adhiniyam, 2023
• Information Technology Act, 2000

In Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that:

Electronic evidence is inadmissible without a mandatory Section 65B certificate.

Thus, unlike physical documents, scanned copies:

• Have no inherent evidentiary value
• Require certification specifying device, method of creation, and integrity
• May also require metadata verification and hash analysis

Credibility, Authority, and Verification of Documents

Physical Documents

• Enjoy a presumption of genuineness if duly signed, sealed, or registered
• Can be verified through handwriting analysis, ink testing, and forensic examination

Scanned / Electronic Documents

• Require Section 65B certification
• Verified through:
  • Metadata examination
  • Hash value checks
  • Timestamp and server integrity tests

Verification authorities include:

• Public notaries
• Digital signature certifying authorities
• Court-appointed forensic experts

Hence, physical documents carry higher presumptive authority, while scanned documents depend entirely on procedural compliance.

Court-Certified Copies: Meaning and Legal Status

Statutory Framework

• Section 76, Indian Evidence Act
• Section 75, Bharatiya Sakshya Adhiniyam, 2023

Court-certified copies are officially authenticated reproductions of public documents such as:

• Judgments
• Decrees
• Orders
• Pleadings

They are admissible under Section 77 (Section 76 BSA, 2023) without producing originals.

Judicial Recognition

• Surinder Pal Kaur v. Gurdeep Singh, AIR 1986 P&H 64
  Certified copies were held admissible where originals were unavailable.

Certified copies of registered documents under the Registration Act, 1908 also enjoy statutory presumptions, making them crucial in property, succession, and matrimonial litigation.

Legal Framework Governing Parcels in India

India regulates parcel transmission through multiple statutes:

Indian Post Office Act, 1898

• Section 3 defines “postal articles” to include parcels
• Sections 25–26 penalize illegal retention, delay, or tampering

Carriage by Road Act, 2007

• Governs commercial parcel carriers
• Imposes liability for loss or damage during transit

Indian Contract Act, 1872

• Governs contractual liability of private courier companies

Consumer Protection Act, 2019

• Enables consumers to claim compensation for negligent parcel services

Indian Penal Code / Bharatiya Nyaya Sanhita, 2023

• Theft, cheating, breach of trust relating to parcels are criminal offences

Misuse of Parcel Transport During COVID-19: Karnataka Case

During the COVID-19 lockdown, misuse of courier vehicles for human transport was judicially addressed.

State of Karnataka v. Hemanth Kumar & Ors. (Karnataka HC, 2021)

The High Court:

• Condemned individuals travelling as “parcels”
• Held such acts violative of Article 21 (Right to Dignity)
• Directed strict enforcement under IPC and Disaster Management Act

The Court categorically stated that humans cannot be reduced to logistical objects, even during emergencies.

Legal Definition of “Parcel”

• Under Indian Post Office Act, 1898:
  Parcels are inanimate postal articles capable of being sealed and delivered.
• Under Carriage by Road Act, 2007:
  Parcels fall under the definition of “goods”.

In transport and postal law, the term never includes human beings.

Can Humans Be Treated as Parcels?

Indian law categorically prohibits the transport of humans as parcels.

Relevant provisions:

• Article 21, Constitution of India
• Sections 343, 370, 420 IPC
  (Sections 127(3), 143, 318(4) BNS, 2023)
• Motor Vehicles Act, 1988

In People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473, the Supreme Court held that:

Human beings cannot be treated as objects or commodities.

Any attempt to do so violates constitutional morality and criminal law.

Supreme Court on Parcel Carrier Liability

• Patel Roadways Ltd. v. Birla Yamaha Ltd. (2000) 4 SCC 91
  Carrier liability is akin to that of an insurer unless negligence is disproved.
• Arvind Mills Ltd. v. Associated Roadways
  Couriers owe a high duty of care in parcel handling.

Courts have also ruled that carriers cannot escape liability through unfair contractual clauses, especially under consumer law.

Conclusion

Indian law carefully balances evidentiary integrity, procedural safeguards, and constitutional values in regulating documents and parcel services.

• Original documents retain highest evidentiary value
• Scanned copies require strict Section 65B compliance
• Court-certified copies facilitate access to justice
• Parcel laws impose accountability on logistics providers
• Human dignity remains inviolable—humans can never be treated as parcels

As India advances toward digitization and privatized logistics, continuous judicial oversight and statutory clarity remain essential to protect the rule of law, consumer rights, and constitutional morality.

Incase, You wish to discuss, and talk on any such matter that, ‘You may need help with’. Feel free to contact us.  Our team at  www.legalwellbeing.in shall be happy to assist.

Written by Team Member(s) and Ms. Aparna Mishra.

Sources / References

1. State of Rajasthan v. Khemraj, (2000) 9 SCC 241
2. Roop Kumar v. Mohan Thedani, (2003) 6 SCC 595
3. Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473
4. Surinder Pal Kaur v. Gurdeep Singh, AIR 1986 P&H 64
5. People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473
6. Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91
7. Bharatiya Sakshya Adhiniyam, 2023
8. Bharatiya Nyaya Sanhita, 2023
9. Indian Post Office Act, 1898
10. Carriage by Road Act, 2007
11. Consumer Protection Act, 2019
12. Vaibhav Chadha & Janani Sivaraman, Admissibility of Electronic Evidence in India, JGLR, 2024
13. NUJS Sentinel, Electronic Evidence and Parcel Liability, 2024
14. Karnataka High Court Law Report, 2021