Distinguish between 'Primary Evidence' and 'Secondary Evidence', under the Indian Evidence Act, 1872.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2020
Distinguish between 'Primary Evidence' and 'Secondary Evidence', under the Indian Evidence Act, 1872.
Answer & Explanation:
"Primary evidence" means the document itself produced for the inspection of the Court (Section 62 of the Indian Evidence Act, 1872). The rule that the best evidence must be given of which the nature of the case permits has often been regarded as expressing the great fundamental principles upon which the law of evidence depends. The general rule requiring primary evidence of producing documents is commonly said to be based on the best evidence principle and to be supported by the so called presumption that if inferior evidence is produced where better might be given, the latter would tell against the withholder. "Secondary evidence" is generally in the form of compared copies, certified copies or copies made by such mechanical processes as in themselves ensure accuracy. Section 63 of the Indian Evidence Act, 1872 defines the kind of secondary evidence permitted by the Act. According to Section 63, "secondary evidence" means and includes. certified copies given under the provisions hereafter contained; copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; copies made from or compared with the original; counterparts of documents as against the parties who did not execute them; oral accounts of the contents of a document given by some person who has himself seen it. Section 65 stipulates the cases in which secondary evidence relating to documents may be given. As already stated, documents must be proved by primary evidence but in certain cases for example, where the document is lost or destroyed or the original is of such a nature as not to be easily, movable, or consists of numerous documents, or is a public document or the original is a document that under the Indian Evidence Act or some law is allowed to be given in evidence by a certified copy, the existence, condition or contents of the document may be proved by secondary evidence.
Topics: Indian Evidence Act, 1872
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