Proving secondary evidence
Querist :
Anonymous
(Querist) 12 May 2023
This query is : Resolved
Sir ! Is it possible to prove a secondary evidence of a private document without comparing ever with original.. and getting a favourable judgement too..? If the answer is yes then any rulings in favour of it..?
kavksatyanarayana
(Expert) 12 May 2023
Private document? Your query is not understand to me.
Advocate Bhartesh goyal
(Expert) 13 May 2023
No, unless you explain and prove by cogent proof that original document has been lost or destroyed or not in existence or in possession of opposite party who after being served notice not submitted in court said document is not admissible in evidence.
T. Kalaiselvan, Advocate
(Expert) 13 May 2023
Section 65 of Indian Evidence Act states that :
Secondary evidence may be given of the existence, condition or contents of a document in the following cases:--
(a) when the original is shown or appears to be in the possession or power--
of the person against whom the document is sought to be proved,
of any person out of reach of, or not subject to, the process of the Court, or
of any person legally bound to produce it,
and when, after the notice mentioned in section 66, such person does not produce it;
(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 or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, 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 section 74;
(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 1[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.
In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.
In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.
You may go peruse the above contents fully and find if your case falls within any of the above category then you can revert with your further queries on the subject.
N.K.Assumi
(Expert) 14 May 2023
Refer to Section 104 of the Indian Evidence Act. "Burden of proving fact to be proved to make evidence admissible."
Dr J C Vashista
(Expert) 14 May 2023
Very well explained by experts, nothing more.
