IMPORTANCE OF SECONDARY EVIDENCE

Secondary evidence refers to evidence that is presented in the absence of primary evidence. It is
considered a substitute for the original or primary evidence. Secondary evidence can include
copies, duplicates or any other form of evidence that is not the original document or object. It is
generally considered to be of lower evidentiary value compared to primary evidence.

However, if primary evidence is unavailable and the reason for its absence is explained,
secondary evidence may be admitted in court. It is important to note that secondary evidence can
only be introduced if there is a valid justification for the unavailability of primary evidence.

Secondary Evidence is an alternative source of Evidence. Section 63 of the Indian Evidence

Meaning of Secondary Evidence :

Section 63 of Indian Evidence Act, 1872 deals with Secondary Evidence, 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 insure 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;

Circumstances in which secondary evidence is admissible :

Section 65 of the Indian Evidence Act enlists the circumstances under which secondary evidence
is admissible in place of primary evidence. They are as follows:

1. In the instance where the original document is shown or appears to be in the possession
of or power of-

1. The person against whom the document is sought to be proved; or

2. The person who is out of reach or not subject to the process of the court; and

3. The person who is legally bound to produce it but has not done so despite a notice being
served under Section 66.
B. In the case where the contents, existence, or contents of the original document have already
been proved to be admitted in writing by the person against whom it is proved or his
representative interest.

For example, in the case of Sharda Talkies (Firm) and Anr. v. Smt. Madhulata Vyas and Ors.
(1995), it was held that in a case where the defendant himself had admitted to having made the
payment under the cheque, the absence of the cheque as primary evidence can be dispensed with
and this would not vitiate the suit.

C. In a situation, wherein the original has been lost or destroyed, or the party who is presenting
the evidence cannot present it in reasonable time due to any reason other than his default or
neglect;

D. In case where the original document is not of such nature that it is not movable so as to be
presented before the court for inspection;

E. In an instance where the original document is a public document within the meaning
of Section 74;

F. In a situation where the original is a certified copy that is permitted by this Act or any other
law in force in India to be given in evidence;

G. In the case where the original consists of numerous accounts or documents which cannot be
conveniently all examined by the court, or the fact which is to be proved is the general result of
the whole collection.

In cases ‘A’, ‘C’, and ‘D’, secondary evidence of the contents of the document is admissible. In
the case of ‘B’, only the written evidence is admissible. In the case of ‘E’ or ‘F’, only the
certified copy of the document shall be admissible as secondary evidence. Lastly, in the case of
‘G’, evidence to be presented as the general result of the documents collectively must be given
by a person who has examined them and is skilled in the examination of such documents.

Circumstances when notice is not required to render secondary evidence

As per Section 66, in the following circumstances, there is no need to render a notice for the
presentation of secondary evidence:

1. When the document to be presented itself amounts to notice;

2. When it is evident from the case that the adverse party should itself realize that he will be
required to create it;

3. When it is proved that the opposite party has gotten the ownership of the first by fraud or
force;
 4. When the adverse party or his representative has already submitted the original in the
court;

5. When the adverse party or the representative has accepted the loss of the document; and

6. When the individual having the possession of the report is far away or is covered under
the jurisdiction of the court.

Examples of secondary evidence

The following are some common examples of secondary evidence presented in the courts:

1. Newspaper reports- Newspaper reports have been admitted to be hearsay evidence.

2. Judgments- Judgments can be presented as secondary evidence but their use is limited.
Many times, the judgment not only contains the ratio decidendi but also a lot of ancillary
information based on documents submitted by parties that can be relied upon to prove
certain facts stated in a particular case.

3. Photographs- They are admissible as secondary evidence in the court of law, but only on
oath either by the person who took the photograph or the one who can testify to its
accuracy. Even X-ray photographs are admissible to prove the extent of injury caused.

4. Birth certificates- In instances where the original birth certificate is lost or cannot be
presented, then any similar certificate which is issued by the school principal is
admissible as secondary evidence. Voters’ lists can also be presented in a similar way.

Conclusion
Secondary evidence is not considered to be the best form of evidence. It is usually presented
in exceptional circumstances where primary evidence is not available. However, this cannot
belittle its significance in proving certain facts. There are a number of instances wherein the
presence of primary evidence is not possible. In such circumstances, secondary evidence
plays a crucial role in proving the facts before a court of law and helps in the delivery of
justice. The Indian Evidence Act covers the concept of secondary evidence elaborately,
including its meaning, what can be included under it, and when it can be presented in place
of primary evidence.