Secondary evidence

Secondary Evidence

1) Introduction

- Secondary evidence is the document which is not original document but those documents which are mentioned in S.63.

S.63 of evidence Act deals  with Secondary Evidence - Meaning and it 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;

5. Oral accounts of the contents of a document given by some person who has himself seen it.

Illustrations

(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared if it is proved that the thing photographed was the original.

(b) A copy compared with a copy of a letter made by copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.

(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence, but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.

(d) Neither an oral account of a copy compared with the original, nor an oral account of a photo graph or machine copy of the original, is secondary evidence of the original

Giving secondary evidence is exception to the general rule .

Notice is required to be given before giving secondary evidence on the other hand in primary evidence there is no requirement of such notice.

 

 

Conclusion -

The Indian Evidence Act in which Secondary evidence is incorporated in s.63. The value of secondary evidence is not that of primary evidence