Primary Evidence

Primary Evidence. S.62

1) Introduction -

S.62 & S.63 of Indian Evidence Act deals with Primary Evidence and Secondary Evidence respectively. Primary evidence is differ from secondary evidence. Primary evidence most commonly called as best evidence, because it is actual item and not copy of original one like secondary evidence .

2) Meaning of Primary Evidence -

"Primary evidence means the document itself produced for the inspection of the Court."

Explanation - 1

Where a document is executed in several parts, each part is primary evidence of the document.

Where a document is executed in counterparts, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.

 

 

Explanation - 2

Where a number of documents are all made by one uniform process, as in the case of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.

Illustration

A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original

3)Examples of Primary Evidence-

Here are few examples of primary evidence.

A) Manuscripts - it may be either typed or handwritten, it can be single note or lengthy book, but original did not copied from another documents. It includes : Books, such as biographies (not an autobiography), personal papers, memoirs, autobiographies, correspondence, diaries,letters, artificial collections, etc.

B) Archives - Archival may be either personal document or institutional.

C) Original art -  paintings, drawings, watercolors, sculpture, architectural drawings, and plans are primary evidence.

 

4) Conclusion -

Primary evidence is differ from secondary Evidence. Primary evidence is the best evidence in Judicial proceedings because that are original documents and not the copy of original documents like secondary  evidence