evidence

Parveen Kr. Aggarwal (Querist) 20 December 2009 This query is : Resolved
In which cases photocopies of documents may be admitted by a court in evidence?

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niranjan (Expert) 20 December 2009
Photocopies are secondary evidence and without production of original,they cannot be exhibited.However if the originals are in possession of adversary party you can give him notice to produce original.

adv. rajeev ( rajoo ) (Expert) 20 December 2009
I agree with niranjan

Arvind Singh Chauhan (Expert) 20 December 2009
Agree with Niranjan Sir.

Devajyoti Barman (Expert) 20 December 2009
Though photocopies are secondary evidence it can be exhibited if the opposite party admits it at the time of cross examination. You can similarly get it exhibited by complying the provisions of sec.66 of the Evidence Act if the original is in the possession of the opposite party

Sachin Bhatia (Expert) 20 December 2009
agree with Mr.Barman

Raj Kumar Makkad (Expert) 20 December 2009
Photocopies cannot be exhibited as primary evidence even if the opposite party admits it. Secondary evidence has its own procedure which various experts have already mentioned here.

Parveen Kr. Aggarwal (Querist) 20 December 2009
But as per provision contained in section 58 of the Evidence Act, admitted facts are not needed to be proved and if the opposite party admits the existence of a documents and allows exhibition of its photocopy without any objection admitting it to be true, can it still be not read in evidence as exhibit?

niranjan (Expert) 21 December 2009
Documents admitted by the opposite party can be exhibited and read in evidence,but out of several defts.only one admits,would not go into evidence.

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