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Guest (n/a)     13 January 2009

Secondary evidence

What is the evidenciary value of seconday evidence u/sec. 65,66,67 and what do think whether provision of secondary evidence is mandatory or directory as secondary evidence cannot be given unless u produce originals,whether court is compelled to give secondary evidence when there is no any source of producing documents? waiting 4 yr opinions


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 2 Replies

Ajay kumar singh (Advocate)     13 January 2009

Secondary evidence is as good as primary evidence. It is given in case the primary evidence is lost, destroyed or its production before the court is impossible. Production of the original is not at all necessary for proving the secondary evidence.

PALNITKAR V.V. (Lawyer)     16 January 2009

Mr. Singh is right. It is a general rule that original evidence should be produced. But Secondary evidence without producing the original is allowed in certain cases. See following section: 


65. Cases in which secondary evidence relating to documents may be given - 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, or 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 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 collections.


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 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


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