1. Save as otherwise provided elsewhere in this Act, any person may—
a. inspect by electronic means any documents kept by the Registrar in accordance with the rules made, being documents filed or registered by him in pursuance of this Act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this Act, on payment for each inspection of such fees as may be prescribed;
b. require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the Registrar, on payment in advance of such fees as may be prescribed:
Provided that: the rights conferred by this sub-section shall be exercisable—
i. in relation to documents delivered to the Registrar with a prospectus in pursuance of section 26, only during the fourteen days beginning with the date of publication of the prospectus; and at other times, only with the permission of the Central Government; and
ii. in relation to documents so delivered in pursuance of clause (b ) of subsection (1 ) of section 388, only during the fourteen days beginning with the date of the prospectus; and at other times, only with the permission of the Central Government.
2. No process for compelling the production of any document kept by the Registrar shall issue from any court or the Tribunal except with the leave of that court or the Tribunal and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court or the Tribunal.
3. A copy of, or extract from, any document kept and registered at any of the offices for the registration of companies under this Act, certified to be a true copy by the Registrar (whose official position it shall not be necessary to prove), shall, in all legal proceedings, be admissible in evidence as of equal validity with the original document.
Legal Commentary & Landmark Judgments: Section 399
Section 399 confers an enforceable public right on any person to inspect documents kept by the Registrar, obtain certified copies or extracts upon payment of prescribed fees, and rely on such certified records as conclusive legal evidence.
Before instituting any commercial suit or corporate insolvency petition under Section 7 or 9 IBC, conduct a certified search under Section 399. Annex the certified MCA search report to the petition to prove corporate status, registered address, authorized directorship, and active charge encumbrances.