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Adm of Secondary Evidence

Secondary evidence of a document may be admissible under the following conditions: (1) When the original is in the possession or power of the opposite party or a third party who cannot be compelled to produce it. (2) When the existence, condition, or contents of the original are admitted in writing by the person against whom the evidence is used. (3) When the original is lost or destroyed. Photocopies and mechanical copies may be considered secondary evidence if their accuracy is not disputed. The secondary evidence is admissible if the original is proved to be lost, destroyed, or otherwise unavailable.

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Anmol Goswami
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77 views

Adm of Secondary Evidence

Secondary evidence of a document may be admissible under the following conditions: (1) When the original is in the possession or power of the opposite party or a third party who cannot be compelled to produce it. (2) When the existence, condition, or contents of the original are admitted in writing by the person against whom the evidence is used. (3) When the original is lost or destroyed. Photocopies and mechanical copies may be considered secondary evidence if their accuracy is not disputed. The secondary evidence is admissible if the original is proved to be lost, destroyed, or otherwise unavailable.

Uploaded by

Anmol Goswami
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Admissibility of secondary evidence as substantive evidence

The condition in which the secondary evidence of a document is admissible,


 (A) when the original is in possession or power of the opposite party or of person put
of reach or not subject to, the process of the court, or any person legally bound to
produce it after demand i.e notice under 66
 (b) when the existence, condition or content of the original are admitted in writing by
the person against whom it is proved
 (c) when the original lost or destroyed
 (d) when the production is physically impossible

Cases
sanatam mohanty v. baidhar raut1
If the original document is lost, destroyed, detained by the opponent or the third person who
does not produced it or physically immovable, secondary is admissible
kishori lal goswami v rakhal das Banerjee 2If the copy of document is admitted in evidence in
the first court without any objection no objection can be allowed to be taken in appeal court
as to its admissibility t
section 63(2) of the evidence act recognizes copies made from original by mechanical process
which ensure the accuracy of the copy as one of the categories= of the secondary evidence ‘in
the instant case the trail court did not express any doubt as to the authenticity of Xerox copy of
the document placed by petitioner had already called upon DW- 1 to produce the original and
there was no response to that, thereby a circumstance provided for thee section 65(a) of the act
emerged enabling the court to receive the secondary evidence ‘( amangenti prameela v .p
venkatreddy, 2004 (3) Andh LT 218

Photocopy of the document is admissible as secondary evidence if its proved to be geniuses is


to proved either by examine the photographer ot some other evidence ( jai Prakash singh v state
of bihar, 2006 CrLJ 4245

1
, A 1986 Ori 66
2
( 1903) 3 Cal 155
Where the accuracy of the copy is not disputed as such, photocopy sought to be proved in
evidence would fall under category of secondary evidence ( amutha beelarmine corera v. Elis
villavarayer, 2007 6 MLJ 893 (MDU- MAD)

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