Scribd
Upload
90 views2 pages

Secondary Evidence (E)

Secondary evidence refers to copies or descriptions of original documents. It includes certified copies, copies made by accurate mechanical processes, copies or descriptions seen by witnesses. Secondary evidence is admissible in exceptional circumstances listed in the Evidence Act, such as when the original is lost. Notice must be given before presenting secondary evidence. Two cases are summarized that discuss when secondary evidence is admissible, such as allowing oral testimony about lost promissory notes seen by witnesses when the originals were destroyed by fire.

Uploaded by

KateHollan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
90 views2 pages

Secondary Evidence (E)

Secondary evidence refers to copies or descriptions of original documents. It includes certified copies, copies made by accurate mechanical processes, copies or descriptions seen by witnesses. Secondary evidence is admissible in exceptional circumstances listed in the Evidence Act, such as when the original is lost. Notice must be given before presenting secondary evidence. Two cases are summarized that discuss when secondary evidence is admissible, such as allowing oral testimony about lost promissory notes seen by witnesses when the originals were destroyed by fire.

Uploaded by

KateHollan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Secondary Evidence

Document: means any matter expressed or described upon any substance by means of letters,
figures or marks, or by more than one of those means intended to be used, or which may be used,
for the purpose of recording that matter (Section 3 of Evidence Act). A writing, printing,
lithograph, photograph, map, a plan, an inscription on a metal plate or a stone, etc. are
documents.
Chapter V of the Evidence Act deal with documentary evidence. It further classifies the
documentary evidence in primary and secondary evidence. According to section 63, secondary
evidence means and includes—
(1) certified copies given under the provisions hereinafter contained;
(2) Copies made from the original by mechanical processes which in themselves ensure 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.
The most remarkable among the types of secondary evidence by the section is the oral evidence
of the contents of a document. Thus, it follows the oral evidence of the contents of a document
can be given. There are two conditions of a relevancy of such evidence. Firstly, party offering
oral evidence must be entitled to give secondary evidence of such document. the circumstances
in which secondary evidence can be given are listed in section 65 should exist so as to enable,
the party to give secondary evidence of a document in question. The second condition is that the
oral account of the contents of a document must be that of a person who has himself seen it.
Once these conditions are satisfied, the party can give oral evidence of the contents of the
document even if he has attested copy in his possession.
Moreover, secondary evidence is not best evidence but is evidence of secondary nature and is
admitted in exceptional circumstances mentioned in section 63. Unlike primary evidence, notice
is required to be given before giving secondary evidence.
Maung Thein Zan and one (Appellants) v. The Union of Burma (Respondents) (1955 BLR HC
303)
In this case, it was held that a photographed copy of an original letter is inadmissible in evidence
as secondary evidence, unless the original is proved.
Eu Hpe Yar and one (Appellants) v. The Lu Pe (Respondent) (1948 BLR HC 810)
A suit upon two promissory notes said to have been lost by fire after Japanese invasion, was first
dismissed by the Trial Court but the High Court remanded the case for evidence, and for decision
and a decree was passed. Upon appeal it was contended –
1) that the evidence of the plaintiff and one U Ba Pe was not admissible as secondary
evidence.
2) that the promissory notes were not legally executed as the originals were payable to
bearer.
3) that the promissory notes were not duly stamped since postage stamp of Re. 1 was affixed
on each of the promissory notes and therefore secondary evidence was inadmissible and
that leave should be granted to raise this point on appeal.
Held: the learned Judges who remanded the case had decided that the evidence of the plaintiff
and his witnesses amounted to an admission and that it was not necessary for the promise and the
witnesses to read the whole of the promissory notes themselves.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy