What is 'documentary evidence' under Indian Evidence Act, 1872? Explain briefly.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2018
What is 'documentary evidence' under Indian Evidence Act, 1872? Explain briefly.

Answer & Explanation:

Documents produced for the inspection of the Court is called Documentary Evidence . The contents of a document must be proved either by primary or by secondary evidence. As per Section 62 of the Indian Evidence Act, 1872, primary evidence means the document itself produced for the inspection of the Court. 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.

Topics: Indian Evidence Act, 1872

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