Secondary Evidence
Secondary Evidence
Secondary Evidence
com
Law Articles
SEARCH
Secondary Evidence
Different types of secondary evidence are Certified copies, , Copies prepared by mechanical process
,Counter foils ,Photographs ,Xerox copy ,Photostat copy ,Carbon copy ,Typed copy ,Tape records ,Copies
made from or compared with original copy ,Counterparts ,Oral accounts ,Registration copy ,Unprobated
will ,Age certificate ,Voters list ,Newspaper report...
Secondary evidence is evidence that has been reproduced from an original document
or substituted for an original item. For example, a photocopy of a document or
photograph would be considered secondary evidence. Another example would be an
exact replica of an engine part that was contained in a motor vehicle. If the engine
part is not the very same engine part that was inside the motor vehicle involved in the
case, it is considered secondary evidence.
Courts prefer original, or primary, evidence. They try to avoid using secondary
evidence wherever possible. This approach is called the best evidence rule. Top
Nevertheless, a court may allow a party to introduce secondary evidence in a number
of situations
of situations.
After hearing arguments by the parties, the court decides whether to admit
secondary evidence after determining whether the evidence is in fact authentic or
whether it would be unfair to admit the duplicate. However, when a party questions
whether an asserted writing ever existed, or whether a writing, recording, or
photograph is the original, the trier of fact makes the ultimate determination. The
trier of fact is the judge if it is a bench trial; in a jury trial, the trier of fact is the jury.
Research Problems :
There is need to improve the method of accepting secondary evidence and court
should take into consideration the secondary evidence. We will also see different case
law on this basis.
The researcher in the present study has attempted to highlight the object of the
research. The effort has been made to evaluate the efficacy and adequacy of the
existing laws in combating/ providing relief/remedy; to examine the interpretation
given by the Courts.
It is not possible to make the work exhaustive as the subject is holding ever-growing
importance and scope. Nevertheless a line has to be drawn somewhere for
accomplishing the present research work in an effective way. Accordingly, the present
work covers the analysis and social investigation regarding factual status, paradigms
of law on the secondary evidence and laws dealing with ancillary issues which help to
explain these areas. The work covers analysis. In addition to it, a variety of
supplementary laws have been discussed at adequate and relevant places for
reference purpose.
The main focus of the study is to undertake the evaluation of judgment and
interpretation regarding Administrative law.
Aims :
The research project has been carried out with the following aims:
To know the value of secondary evidence
When secondary evidence are admissible.
Hypothesis :
Secondary evidence are those evidence which have less evidential value and are
generally not admissible easily in court.
There are various type of secondary evidence which we will study in next chapter.
1 Certi ed copies
1. Certi ed copies
Under section 76 the certified copies is defined. The correctness of certified copies
will be presumed under section 79, but that of other copies will have to be proved.
This proof may be afforded by calling a witness who can swear that he had compared
the copy tendered in evidence with the original, or with some other person read as
the contents of the original and that such is correct.
A copy of the municipal record which is not issued in accordance with the
requirements of the Municipal Act, is not relevant.
Certified copies of the Rules of Business made under Article 166(3) of the constitution
are admissible in evidence and judicial notice has to be taken of those rules as they
are statutory rules.
Under section 63 read with 79 of the Act, a certified copy of a document can be
admitted without any formal proof.
In the case of a sale deed of 1896, when the party failed to prove the loss of the
original but produced a certified copy, for proving the contents of the document, it
was held that mere production of a certified copy would not be sufficient to justify the
presumption of due execution of the original under section 90.
Where the existence of a document was admitted, it was held that, by such
admission, secondary evidence furnished by a certified copy assumes the character of
primary evidence.
Copies of copies kept in a registration office, when signed and sealed by registering
officer, are admissible for the purpose of proving the contents of the originals.
When prosecution does not establish that the copies in question were made from
originals by mechanical process, no reliance can be placed by prosecution on those
copies.
3. Counter foils
The counter foils of rent receipts being an admissible in favour of the landlord are not
admissible against the tenant.
4. Photographs
HALSBURY states “ Photographs properly verified on oath by a person able to speak
to their accuracy are generally admissible to prove the identity of persons, or of the
configuration of land as it existed at a particular moment, or the contents of a lost
document” Top
x-ray photographs are admissible in evidence to determine the extent of a physical
injury or disease, provided it is proved that the photograph is a photograph of the
person injured or diseased. The person who took the photograph should be called,
unless his evidence is dispensed with by consent.
5. Xerox copy
A xerox copy of the forensic report sent by FSL after certifying the same as true copy,
was held to be admissible in evidence as officer of the FSL had no interest in
concocting report against the accused.
If any document is unregistered and its copy is produced in the court then it will not
admissible in the court as secondary evidence.
6. Photostat copy
A Photostat copy of a letter is a piece of secondary evidence, and it can be admitted in
case original is proved to have been lost or not immediately available, for given
reason, it is not conclusive proof in itself of the truthfulness of the contents contained
therein. Photostat copies of documents should be accepted in evidence after
examining the original records as genuineness of a document was a fundamental
question. The witness cn be shown and questioned as regards the Xerox copy of the
document on records and the same will not amount to admission of the said
document in evidence. If the witness admits the signature thereon, an objection can
be raised at that time before the court that the document, being a copy, could not be
exhibited. In a case where the Photostat copy of the original was produced, and there
was no proof of its accuracy or of its having been compared with, or its being true
reproduction of the original it was held that the Photostat copy cannot be considered
as secondary evidence, as necessary foundation for its reception was not laid. A
Photostat copy of a document is not admissible as secondary evidence unless proved
to be genuine or the signatory accepts his signature.
7. Carbon copy
A carbon copy of a signature is a piece of secondary evidence within the meaning of
section63(2) of this Act, being a copy made by a mechanical process which ensures its
correctness. In a claim petition, the original insurance policy was not filed by the
owner of the vehicle. He did not object to the geniuses of the printed copy of the
policy giving particulars filed by the insurance company. He could not be allowed to
raise objection that the same could not be read as evidence.
8. Typed copy
A typed copy of a alleged partition deed without alleging that the document falls
under one of categories enumerated in section 63 of this Act, could not be held to be
a secondary evidence. Top
9 Tape record
9. Tape record
In the case of tape recording, which was referred to by the petitioner in support of his
assertions as regards the substance of what passed between him and the chief
minister of Punjab on several matters, there was no denial of the genuineness of the
tape-record; and there was no assertion that the voices of the persons were not those
which they purported to be . On those facts, the supreme court held that the tape-
recordings can be legal evidence by way of corroborating the statement of a person
who disposes that the other speaker and he carried on that conversation, or even of
the statement of the person who may depose that he overheard the conversation
between two persons and that what they actually stated had been tape recorded.
What weight is to be attached will depend on other factors which may be established
in a particular case.
In Yusuf alli osmail V. State of Maharashtra, it was held that if a statement is relevant,
an accurate tape-record of the statement is also relevant and admissible; that the
time and place and accuracy of the recording must be proved by a competent witness
and the voices must be properly identified; that, because of this facility of erasure and
re-use, the evidence must be received with caution, and the court must be satisfied
beyond reasonable doubt that the record has not been tampered with.
The supreme court held that the tape itself is primary and the direct evidence of the
matter recorded, that it is admissible not only to corroborate under section 156 of
this act but also for contradiction under section 155 (3) for testing the veracity of the
witness under section 146(1), and for impeaching his impartiality, under exception (2)
of section 153.
Where the voiceage denied by the alleged maker thereof, recording of a voice of a
witness for comparison with, and identification of earlier recorded voice is neither
expressly noe impliedly prohibited under any statute.
Statements in the tape recorded can be admitted after proving that they were
accurately recorded. A previous inconsistent statement recorded on the tape recorder
is admissible for the purpose of contradiction.
Where the cassette containing the speech of the returned candidate in the election,
tape recorded by the police officer, was tendered in evidence by the election
petitioner but how and why it came to be recorded and how the petitioner came to
know about it, were not explained by him, it was not relied upon as a piece of
evidence.
1) the voice of the speaker must be duly identified by the maker of the record or by
others who recognize his voice, in other words, it manifestly follows as a logical
corollary that the first condition of the admissibility of such a statement is
identification of the voice of the speaker. Where the voice has been denied by the
speaker, it will require very strict proof to determine whether or not it was really his
voice.
2) the accuracy of the ape recorded statement has to be proved by the maker of the
record by satisfactory evidence, direct or circumstantial.
Top
3) Every possibility of tampering with or eraser of a part of a tape recorded statement
must be ruled out otherwise it may render the said statement out of context and ,
y
therefore, inadmissible.
4) the statement must be relevant according to the rules of evidence act.
5) the recorded cassette must be carefully sealed and kept in safe or official custody.
6) The voice of the speaker must be clearly audible or not lost or distorted by other
sounds or disturbances “.
A taped conversation, not compared with the voice, was not allowed as evidence.
Copies made from the original or copies compared with the original are admissible as
secondary evidence. A copy of a copy then compared with the original , would be
received as secondary evidence of the original.
A copy of a certified copy of a document, which has not been compared with the
original, cannot be admitted in evidence, such a copy being neither primary or
secondary evidence of the contents of the original.
When a document is an accurate or true and full reproduction of the original, it would
be a copy.
Ordinary copy of a sale deed cannot be admitted as secondary evidence but copies of
sale deeds of acquired land are admissible in evidence, provided the parties to the
document are examined to prove the document.
The supreme court dealing with section 14 of Arbitration Act, explained the meaning
of expression “signed copy of award” and observed;”Signing means writing one’s
name on some document or paper; so long as there is a signature of arbitrator or
umpire on the copy of the award filed in court, and it showed that the person signing,
authenticated the accuracy or correctness of the copy, the document would be a
signed copy of the award; it would in such circumstance be immaterial whether the
arbitrator or umpire puts down the words “certified to be true copy” before signing
the copy of the award above his signature; when a document is an accurate or true
and full reproduction of the reproduction of the original it would be a copy”.
Where the plaintiff in a suit for ejectment, produced a copy of the notice to quit , in
proof of the fact that the notice was valid, and original was in possession of other
party, and the plaintiff swore that it was a true copy of the original, it was held that it
was not necessary that the scribe of the copy should be produced, and anyone who
had heard the original and the copy read out to him, might swear that the contents of
the two are identical and it would be admissible,
Where a handwritten copy of the adoption deed was tendered in evidence in the
absence of evidence as to who made the copy , from what it was made, or whether it
was compared with the original, it must be disregarded.
d f i i l A
a copy made from original; A
A copy falling under wither of the two heads will be admissible as secondary evidence.
The original dying deceleration was lost. A head constable who maintained a copy
testified to its accuracy. This was allowed as corroborative evidence.
When a document was admitted without objection, it was held that omission to object
to it’s omission implied that it was a true copy and it was not opened to the appellate
court to consider whether the copy was properly compared with the original or not.
Where a draft of a document is made and on that basis an original is prepared it was
held that the draft cannot be treated as secondary evidence but the Kerala high court
has held that a draft can be accepted in evidence if there is proof that the original has
been prepared without any corrections and that it is an exact copy of the draft.
The Allahabad high court has similarly held that section 63 is not exhaustive of all
types of secondary evidence. It , therefore, allowed the draft notice from which the
final notice was prepared to be produced as secondary evidence.
It is not necessary for the proof of the bye-laws of a company, that the original copy of
the bye-laws bearing any mark of the approval of the board of directors be produced.
The bye-laws can be proved by other evidence.
11. Counterparts
Execution of a document in counterparts has already been explained while dealing
with explanation 1 to section 62. counterpart of document are primary evidence as
against the parties executing them under section 62 whereas under this clause they
are secondary evidence as against the parties who did not execute the.
Top
12. Oral accounts
This is last clause enable oral account of the content of a document being as
s s ast c ause e ab e o a accou t o t e co te t o a docu e t be g as
secondary evidence. The oral account of the content of a document given by a person
who has merely seen it with his own eyes, but not able to read it is not admissible as
secondary evidence. The word seen in clause 5 of this section means something more
than the mere sight of the document, and this contemplates evidence of a person
who having seen and examined the document is in a position to give direct evidence
of the content their of. An illiterate person cannot be one who has seen the document
within the meaning of the section. In Pudai Singh v. Brij Mangai, allahbad HC held that
as regards the letting in of secondary evidence the word seen in this section includes
read over in the case of a witness who is illiterate and as such cannot himself read it,
if it is read over to him, it will satisfy the requirement of the section. But this ruling
was not accepted by HC oral account of the content of a document by some person
who has himself sent it. Oral account given by an illiterate person will be hearsay
evidence and excluded by section 60.
Conclusion
Secondary evidence is the evidence, which may be given under certain circumstances
in the absence of better evidence. The general rule is that the secondary evidence is
not allowed to be given until the non production of the primary evidence. This thing is
discussed in above mention types of secondary evidence whether they are admissible
in which conditions.
The outcome of hypothesis is half true and remaining is not true. The secondary
evidence is admissible in certain conditions only but its evidential value dose not
change if admissible in court.
Bibliography
Books referred
# Law of Evidence, Ratanlal & Dhirajlal, Wadhwa Publication Nagpur
# Law of Evidence, Dr. V. Krishnamachari, S. Gogia & Company
# Indian Evidence Act., Justice A.K.Nandi, Kamal law house
Top
# Ganesh Prasad v. Badri Prasad Bhola Nath, AIR 1980 All 361
f h Ad C d G d l S d Of li A
# Management of the Advance Insurance Co. Ltd. v. Gurudasmal, Supdt. Of Police, AIR
1969 Del 330
# 1970 All WR (HC) 69
# Sardaran v. Sunderlal Prasad, AIR 1968 All 363
# Lakshmi kanto Roy v. Nishi kanto Roy
# Section 57 (5), Act
# Subramanya v. state 975 mad lj
# Minati Sen v. Kalipadab Ganguly AIR 1997 Cal 386
# 4th Edn. Vol. 17 (para 224), p. 158.
# US Shipping Board v. The Ship ’St. Albans, AIR 1931 PC 189
# Latino Andre v. UOI AIR 1968 Goa 132
# Arun balkrishnan Iyer v. Soni hospital
# Gulam theim v. State of Gujarat 2003 crlj 356
# British India steam navigation Co. Ltd. v. shanmugha vilas cashew industries, ILR
(1947) 2 Ker 150
# Amrit Kaur v. Chamanlal AIR 1994 HP 21
# Katakam Vishwanathan v. Katakam Chima Srirama Murthy AIR 2004 AP 522
# Pratap Singh v. State of Punjab, AIR 1964 sc 72
# AIR 1968 SC 147
# Rama Reddy v. V.V. Giri AIR 1971 SC1162
# Ram Singh v. col. Ram Singh AIR 1986 sc 3
# Ram Parsad v. Raghu nandan prasad ILR (1985) 7 All 738
# Hindusthan Construction v. UOI AIR 1967 Sc 526
# Rantalal and dhirajlal, law of evidence p.824
# P.kunhammad v. Moosakutty AIR 1972 Ker 76
# Lachcho v. Dwarimal AIR 1986 All 303
# Ghure v. Chatrapal Singh
# Rantallal & Dhirajlal’s law of evidence, p.827
Review of Literature:
1) Title:- Law of Evidence
Author:- Dr. V. Krishnamachari, Publisher:- S. Gogia & Company
rajesh jain : i made register sale deed on name with my wife before it
register i was made token receipt notarized document my and my friend
wife name higher price but this document was distorted before register
sale deed after ten year party come with xerox copy of distorted document
xerox in evidence and claim on said property due to not get money as per
xerox copy of distorted token amount document on ground sale deed on
name my wife name and token document on my and other friend wife
name can distorted copy xerox admissible in primary evidence regards
Rajesh
Top
Experts Opinion and its admissibility and
relevancy - Law of Evidence
E-Evidence in India
Privy Council
Top
Lawyers in India - Search By City
Add a comment...
Kartik Bagchi
The Union Cabinet is all poised to table an amendment to the marriage laws, which, in the event of a
divorce, would give the wife an equal share of not only the property acquired by the husband during or
before the marriage, but also his inherited or inheritable property. This proposed amendment is already
creating a furore.
Like · Reply · Mark as spam · 17 · 6y
Mallikarjuna Sharma
That is quite insane proposal. Self-acquired property can be disposed of at will - is the established
law and this contradicts it. Even if elements of social or public interest are there, those should not
totally drown the established law. The maintenance provisions should be made more stringent and
adequate by reform but not such divesting of property for a song.
Like · Reply · Mark as spam · 10 · 2y
Veeraswami Panjan
Mallikarjuna Sharma It is not divesting of property for a song Sharmaji, when two join in wedlock,
they flurish and family become established. This society was men dominated, is being men
dominated and I feel bad and continue to be men dominated. Hence, to safeguard the interest of
women folk who have to face so many illtreatment are protected through this historic measure.
Why not we support.
Like · Reply · Mark as spam · 2 · 1y
Lakshmirajyam Jonnalagadda
Execute documents of all the property in the name of your beloved wife and then you will face the
music. men are the strong enemeies of the men and idiotically they see cruelity in men and the
regular and continuous female mess in houses which lead to the disastrous state of affairs forTopthe
men folk and it has become a regular irony and more than 90% of women who seek divorce recite
the stupid stanza that their live is full of thorns and many impedements espeically after marriage
the stupid stanza that their live is full of thorns and many impedements espeically after marriage
as if their life at their parental houses ran on golden carpet. Present day should be taken into
consideration to ascertain present day oproblems and the days of great great grand fathers or the
inception times of this Kali Yuga.
Like · Reply · Mark as spam · 6 · 42w
Tukaram Gaude
hi
Like · Reply · Mark as spam · 5 · 5y
Angel Vijayvidya
Can anyone help me.i am suffering from dowry harassment.i am mentally have depressed from my
husband.
Like · Reply · Mark as spam · 3 · 5y
Nilesh Pawar
Go to Police Station and file Section 498A of IPC
if getting Physical harrasment you can file Domestice Violence in the appropriate Court and get
Protection from Husand & relatives of husband
Like · Reply · Mark as spam · 9 · 2y
Abhinav Vishnu
What's ur actual problem, u r not mentioned facts here
Like · Reply · Mark as spam · 2 · 2y
Abhinav Vishnu
Is it belongs to dowry ,or, cruelty,or , harrassment, domestic violence,or ,adultry,or, desertion, what
is ur actual problem
Like · Reply · Mark as spam · 1 · 2y
Anita Rao
India being democratic country and having protective laws for women , its high time to have special courts
for women to try cases exclusively women cases only...........
Like · Reply · Mark as spam · 18 · 5y
Sharon Chatterjee
woman courts is no solution it fact we need capable judges who are not appointed politically
Like · Reply · Mark as spam · 28 · 4y
A Singh
Sharon Chatterjee Right
Like · Reply · Mark as spam · 6 · 1y
Top
Muneeta Dhiman
By demanding women courts we ourselves are encouraging gender discrimination in our country
By demanding women courts, we ourselves are encouraging gender discrimination in our country.
We can't encourage and demand gender discrimination at the same time. It's time to have more
courts and efficient judicial system. Let's demand and create that!!!
Like · Reply · Mark as spam · 11 · 47w
Top
Top