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    Adm of Secondary Evidence

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    Anmol Goswami
    Secondary evidence of a document may be admissible under the following conditions: (1) When the original is in the possession or power of the opposite party or a third party who cannot be compelled to produce it. (2) When the existence, condition, or contents of the original are admitted in writing by the person against whom the evidence is used. (3) When the original is lost or destroyed. Photocopies and mechanical copies may be considered secondary evidence if their accuracy is not disputed. The secondary evidence is admissible if the original is proved to be lost, destroyed, or otherwise unavailable.

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    Adm of Secondary Evidence

    Uploaded by

    Anmol Goswami
    43 views2 pages
    Secondary evidence of a document may be admissible under the following conditions: (1) When the original is in the possession or power of the opposite party or a third party who cannot be compelled to produce it. (2) When the existence, condition, or contents of the original are admitted in writing by the person against whom the evidence is used. (3) When the original is lost or destroyed. Photocopies and mechanical copies may be considered secondary evidence if their accuracy is not disputed. The secondary evidence is admissible if the original is proved to be lost, destroyed, or otherwise unavailable.

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    Secondary evidence of a document may be admissible under the following conditions: (1) When the original is in the possession or power of the opposite party or a third party who cannot be compelled to produce it. (2) When the existence, condition, or contents of the original are admitted in writing by the person against whom the evidence is used. (3) When the original is lost or destroyed. Photocopies and mechanical copies may be considered secondary evidence if their accuracy is not disputed. The secondary evidence is admissible if the original is proved to be lost, destroyed, or otherwise unavailable.

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    © All Rights Reserved
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    43 views2 pages

    Adm of Secondary Evidence

    Uploaded by

    Anmol Goswami
    Secondary evidence of a document may be admissible under the following conditions: (1) When the original is in the possession or power of the opposite party or a third party who cannot be compelled to produce it. (2) When the existence, condition, or contents of the original are admitted in writing by the person against whom the evidence is used. (3) When the original is lost or destroyed. Photocopies and mechanical copies may be considered secondary evidence if their accuracy is not disputed. The secondary evidence is admissible if the original is proved to be lost, destroyed, or otherwise unavailable.

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    Admissibility of secondary evidence as substantive evidence

    The condition in which the secondary evidence of a document is admissible,


     (A) when the original is in possession or power of the opposite party or of person put
    of reach or not subject to, the process of the court, or any person legally bound to
    produce it after demand i.e notice under 66
     (b) when the existence, condition or content of the original are admitted in writing by
    the person against whom it is proved
     (c) when the original lost or destroyed
     (d) when the production is physically impossible

    Cases
    sanatam mohanty v. baidhar raut1
    If the original document is lost, destroyed, detained by the opponent or the third person who
    does not produced it or physically immovable, secondary is admissible
    kishori lal goswami v rakhal das Banerjee 2If the copy of document is admitted in evidence in
    the first court without any objection no objection can be allowed to be taken in appeal court
    as to its admissibility t
    section 63(2) of the evidence act recognizes copies made from original by mechanical process
    which ensure the accuracy of the copy as one of the categories= of the secondary evidence ‘in
    the instant case the trail court did not express any doubt as to the authenticity of Xerox copy of
    the document placed by petitioner had already called upon DW- 1 to produce the original and
    there was no response to that, thereby a circumstance provided for thee section 65(a) of the act
    emerged enabling the court to receive the secondary evidence ‘( amangenti prameela v .p
    venkatreddy, 2004 (3) Andh LT 218

    Photocopy of the document is admissible as secondary evidence if its proved to be geniuses is


    to proved either by examine the photographer ot some other evidence ( jai Prakash singh v state
    of bihar, 2006 CrLJ 4245

    1
    , A 1986 Ori 66
    2
    ( 1903) 3 Cal 155
    Where the accuracy of the copy is not disputed as such, photocopy sought to be proved in
    evidence would fall under category of secondary evidence ( amutha beelarmine corera v. Elis
    villavarayer, 2007 6 MLJ 893 (MDU- MAD)

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