following are the notable points distinction between the Primary and Secondary Evidence.
No |
Primary Evidence |
Secondary Evidence |
1)
|
Primary Evidence is original document which is presented to the court for its inspection. |
Secondary Evidence is the document which is not original document but those documents which are mentioned in Section.63. |
2) |
It is the main source of Evidence. |
It is an alternative source of Evidence. |
3) |
Section 62 of the Evidence Act defines Primary Evidence |
Section 63 of the Indian Evidence Act defines Secondary Evidence |
4) |
Primary Evidence is the best Evidence |
Secondary Evidence is not best evidence but is evidence of secondary nature and is admitted in exceptional circumstances mentioned in Section 65. |
5) |
Giving Primary Evidence is general rule. |
Giving Secondary Evidence is exception to the general rule. |
6) |
Primary Evidence itself is admissible. |
Secondary Evidence is admissible in the absence of the Primary Evidence. |
7) |
No notice required before giving Primary Evidence. |
Notice is required to be given before giving Secondary Evidence. |
8) |
The value of Primary Evidence is highest. |
The value of Secondary Evidence is not that of Primary Evidence |
:-d
ReplyDeleteIs newspaper primary evidence
ReplyDeleteyes
DeleteUnder which section the newspaper is admissible in evidence?
DeleteCan media reports be admissible in court?
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