Primary Evidence & Secondary Evidence

Primary Evidence & Secondary Evidence

The contents of documents may be proved either by primary evidence or by secondary evidence.

Primary Evidence:

Primary Evidence means the documents itself produced for inspection of the court.

Secondary Evidence:

Secondary evidence means and includes –

(1)   Certified copies given under the provisions hereafter contained;

(2)   Copies made from the original by mechanical process which in themselves insure the accuracy of the copy, and copies compared with such copies;

(3)   Copies made from or compared with the original;

(4)   Counterparts of documents as against the parties who did not execute them;

(5)   Oral accounts of the contents of a document given by some person who has himself seen it;

Proof of documents ONLY by Primary Evidence:

Documents must be proved by primary evidence except in the cases hereinafter mentioned.

Cases in which Secondary Evidence relating to documents may be given:

Secondary evidence may be given of the existence, condition or contents of documents in the following cases:-

(a)   When the original is shown or appear to be in the possession or power of the person against whom the document is sought to be proved.

(b)   When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved.

(c)    When the original has been destroyed or lost, or when the party offering evidence of its contents cannot produce it in reasonable time.

(d)   When the original is of such a nature as not to be easily movable.

(e)   When the original is a “public document”  within the meaning of Sec.74 of the Indian Evidence Act.

(f)     When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India, to be given in evidence.

(g)   When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.

(The Indian Evidence Act, 1872)