To demonstrate a case in a Court of Law, bits of evidence are offered by both
the gatherings and certain systematized rules are appropriate to ensure that the
evidence is offered inside the limits recommended by law. The Indian Evidence
Act, 1872 is the law that administers the offering of evidence in judicial
continuing whether Civil, Criminal, or of some other nature except for wherein
it has been barred by law for now.
According to Section 3 of the Indian Evidence Act, 1872 Documentary Evidence
means, All Documents produced for the inspection of the Court; such documents
are called documentary evidence. Documentary evidence implies and incorporates
all documents delivered under the steady gaze of the Court for its review.
Documents are isolated into two classes, Public Documents, and Private
The creation of Documents in Court is directed by Civil Procedure Code and the
Criminal Procedure Code. The substance of documents should be demonstrated
either by the creation of a document which is called Primary Evidence or
The articulation Document
signifies any matter communicated or portrayed
upon any substance by methods for letters, figures, or marks, or by more than
one of those methods, planned to be utilized, or which might be utilized, to
record that matter. Written words on a piece of paper, words printed,
lithographed or photographed, map or plan, an inscription on metal plate or
stone, caricature are all examples of a document.
The overall guideline is that the best evidence ought to be brought under the
steady gaze of the Court; notwithstanding, there might be conditions when as a
result of numerous an explanation best evidence can't be brought under the
watchful eye of the court for example at the point when the original document is
lost or annihilated, and so on Hence, how a document is to be demonstrated when
its root isn't in the presence or in the ownership of the party who wishes to
depend upon it.
Section 61 of the Indian Evidence Act, 1872 mentions that the contents of the
documents may be proved either by primary or by secondary evidence. Here, the
obvious question emerges what is primary and secondary evidence.
Section 62 of the Act defines Primary Evidence
. It posits that the document
itself produced for the inspection of the court is called “Primary Evidence”.
The two explanations appended with the section further elaborate the concept.
Section 63 of the Act characterizes Secondary Evidence which in wide terms
implies Certified copies, photocopy made by a mechanical cycle which in
themselves guarantees the exactness of the copy, copies produced using or
contrasted and the first, partners of documents as against the parties who
didn't execute them and ultimately oral accounts of the substance of a report
given by some individual who has himself seen it.
Section 64 of the Act specifies the documents should be demonstrated by
essential evidence besides in cases referenced in Section 65 of the Act.
Primary evidence means the documents itself produced for the inspection of the
As per Section 62, primary evidence is viewed as the highest class of evidence.
Such evidence is an original document that should be submitted before the court
for inspection. Besides, it is admissible with no earlier notification. Such
evidence should be introduced before the court before the secondary evidence.
Also, secondary evidence can be introduced distinctly in the absence of primary
evidence by clarifying the justification for the absence of such evidence.
Primary evidence, all the more ordinarily known as best evidence, is the best
accessible validation of the presence of an object since it is the genuine
thing. It contrasts from secondary evidence, which is a duplicate of, or
substitute for, the original. If primary evidence is accessible to a party, that
individual should offer it as evidence. When, in any case, primary evidence is
inaccessible—for instance, through misfortune or obliteration—through no issue
of the party, the individual in question may introduce a dependable substitute
for it, when its inaccessibility is sufficiently established.
As indicated by Section 63, secondary evidence is viewed as a sub-par sort of
evidence. It suggests, that even after creating secondary evidence one necessary
to deliver primary evidence to fill in the holes. Such evidence can be presented
in the absence of the primary evidence, nonetheless, the notice of the
equivalent is to be given. In any case, if the secondary evidence is accepted
with no objection inside a reasonable time then the parties don't reserve the
privilege to argue that the fact was demonstrated with the assistance of
secondary evidence and not primary evidence.
On bare perusing, secondary evidence implies and incorporates:
- Certified copies given under the provisions hereinafter contained.
- Copies made from the original by mechanical processes which in
themselves insure the accuracy of the copy, and copies compared with such
- Copies made from or compared with the original.
- Counterparts of documents as against the parties who did not execute
- Oral accounts of the contents of a document given by some person who has
himself seen it.
Differences between Primary and Secondary Evidence
- Primary evidence is the main source of evidence while secondary evidence
is not the main but an alternative source of evidence.
- Presenting primary evidence is a general rule while presenting secondary
evidence is an exception to the general rule.
- Primary evidence is admissible and no prior notice is required before
presenting primary evidence. In the case of secondary evidence, it is only
admissible if there is no primary evidence and prior notice is required
before presenting secondary evidence.
- Primary Evidence has the highest value while the value of secondary
evidence is not like that of primary evidence.
- Primary evidence is considered to be the best evidence. Secondary
Evidence is not the best evidence but is evidence of secondary nature and is
admitted in exceptional circumstances mentioned in Section 65.
Circumstances Under Which Secondary Evidence Is Admissible
Even though the standard is that the best evidence is to be offered.
Nonetheless, there are a few circumstances under which secondary evidence can be
given and these circumstances have been referenced under Section 65 of the
Indian Evidence Act, 1872. Notwithstanding, before offering the secondary
evidence of any document the court must be fulfilled concerning the conditions
referenced in Section 65 of the Act before any secondary evidence is allowed to
The court needs to see that the healthy provisions of Section 65 are not
mishandled. The Hon'ble Supreme court of India has held to the effect that “the
secondary evidence must be authenticated by foundational evidence that the
alleged copy is in fact a true copy of the original. It should be emphasized
that the exceptions to the rule requiring primary evidence are designed to
provide relief in a case where a party is genuinely unable to produce the
original through no fault of that party”.
Some of the conditions in which secondary evidence may be tendered are as
- At the point when the original is appeared or gives off an impression of
being in the possession or power of the individual against whom the document
is looked to be proved, or of any individual far from, or not exposed to,
the process of the Court, or any individual legally bound to produce it, and
when, after the notification referenced in Section 66, such individual
doesn't produce it.
- At the point when the existence, condition, or contents of the original
have been proved to be admitted in writing by the individual against whom it
is proved or by his delegate in interest.
- At the point when the original has been destroyed or lost, or when the
party offering evidence of its contents can't, for some other explanation
not emerging from his own default or neglect, produce it in reasonable time;
- At the point when the original is of such a nature as not to be
- At the point when the original is a public document inside the
significance of Section 74;
- At the point when the original is a document of which a certified copy
is allowed by Evidence Act, or by some other law in power in India to be
given in evidence;
- At the point when the originals comprise of various records or different
documents which can't advantageously be analyzed in Court, and the reality
to be proved is the overall aftereffect of the entire assortment.
In cases (a), (c) and (d), any secondary evidence of the contents of the
documents is admissible. In case (b), the written admission is admissible. In
case (e) or (f), a certified copy of the record, however, no other sort of
secondary evidence, is admissible. In case (g), evidence might be offered
regarding the general result of the documents by any person who has examined
them, and who is gifted in the assessment of such documents.
Types of Secondary Evidence
Under section 76 the certified copies are defined. The correctness of certified
copies will be presumed under section 79, but that of other copies will have to
be proved. This proof might be managed by calling a witness who can swear that
he had contrasted the copy offered in evidence and the original, or with some
other person read as the contents of the original and that such is right. Copies
are arranged by a mechanical process.
The copies arranged by mechanical process and copies contrasted and such copies
as referenced in clause 2 of this section. In the previous case, as the
duplicate is produced using the original it guarantees precision. To this
classification have place copies by photography, lithography, cyclostyle, and
carbon copies. Section 62 (2) expresses that, where some of the document is made
by one uniform process, as on account of printing, lithography, or photography,
each is primary evidence of the substance of the rest, yet where they are on the
whole copies of a typical original, they are not primary evidence of the
substance of the original.
Photographs properly verified on oath by a person able to speak to their
accuracy are generally admissible to prove the identity of persons, or the
configuration of land as it existed at a particular moment, or the contents of a
The counterfoils of rent receipts being admissible for the property manager are
not admissible against the occupant.
A Photostat copy of a letter is a piece of secondary evidence, and it tends to
be conceded in case the original is demonstrated to have been lost or not
promptly accessible, for a given reason, it isn't convincing proof in itself of
the honesty of the contents contained in that.
A carbon copy of a signature is a piece of secondary evidence within the meaning
of section 63 (2) of this Act, being a copy made by a mechanical process that
ensures its correctness.
A typed copy of a supposed parcel deed without charging that the archive falls
under one of the classes identified in section 63 of this Act, couldn't be held
to be secondary evidence.
Evidence is a basic piece of each case, regardless of whether it is a criminal
case or a civil suit as it approves a fact. The facts can be utilized in
evidence for choosing just as proving the disputed facts. Evidence appends
weight to the facts cited as evidence. In this way, different kinds of evidence
can be utilized for proving and disproving facts. Besides, evidence helps in
checking down the time devoted to a specific case. In this manner, it tends to
be presumed that the evidence is for judicial conduct like the reasoning for
Award Winning Article Is Written By: Ms.Shambhavi Shailendra
Authentication No: AP33548904899-5-0421