Section 397: Admissibility of certain documents as evidence

Companies Act • Official Statutory Text & Practice Guide

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Act 2013
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Legal Commentary & Landmark Judgments: Section 397

Section 397 establishes the evidentiary admissibility of documents, certificates, and copies issued by the Registrar, providing that certified extracts are admissible in all legal proceedings as evidence of equal validity with the originals.

  • Certified Copies as Primary Proof: Provides that any certificate of incorporation, license, or certified copy of any document kept and registered by the Registrar shall be admissible in all legal proceedings as evidence.
  • Parity with Original Records: Mandates that certified extracts issued under the seal or digital signature of the Registrar possess equal validity and evidentiary weight as the original documents.
  • Judicial Notice of Registrar's Authentication: Courts and tribunals are statutorily required to take judicial notice of the Registrar's certificate or seal without requiring formal proof of the officer's signature.
Key Landmark Precedents:
  • CIT v. East Coast Commercial Co. Ltd., (1967) 63 ITR 449 (SC): The Supreme Court affirmed that certified copies of public corporate records issued by the Registrar of Companies carry statutory evidentiary presumption and constitute admissible legal proof.
  • Bhagwati Prasad Khaitan v. Specialty Prints Ltd., AIR 1960 Cal 42: Held that documents certified by the Registrar under statutory provisions are receivable in evidence per se without calling the ministerial officer to prove execution.
Courtroom Practice & Strategic Litigation Guidance:

When filing corporate disputes before the NCLT or civil courts, always annex certified copies obtained from the MCA21 portal under Section 397. These certified extracts eliminate the need to summon RoC officials as witnesses, satisfying the best evidence rule under the Indian Evidence Act / BSA.