Landmark judgment on secondary evidence
Secondary evidence, as a general rule is admissible only in the absence of primary evidence. If the original itself is found to be inadmissible through failure of the party, who files it to prove it to be valid, the same party is not entitled to introduce secondary evidence of its contents.
Essentially, secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to be given first, when a proper explanation of its absence is given. The definition in Section 63 is exhaustive as the Section declares that secondary evidence "means and includes" and then follow the five kinds of secondary evidence.
The rule which is the most universal, namely that the best evidence the nature of the case will admit shall be produced, decides this objection that rule only means that, so long as the higher or superior evidence is within your possession or may be reached by you, you shall give no inferior proof in relation to it. Section 65 deals with the proof of the contents of the documents tendered in evidence. In order to enable a party to produce secondary evidence it is necessary for the party to prove existence and execution of the original document. Under Section 64, documents are to be provided by primary evidence. Section 65, however permits secondary evidence to be given of the existence, condition or contents of documents under the circumstances mentioned. The conditions laid down in the said Section must be fulfilled before secondary evidence can be admitted. Secondary evidence of the contents of a document cannot be admitted without non-production of the original being first accounted for in such a manner as to bring it within one or other of the cases
Evidence Act, 1872--Sections 63 and 65 (a)--Secondary evidence--Admissible only in absence of primary evidence--If original itself found to be inadmissible through failure of party--Same party not entitled to introduce secondary evidence of its contents--In order to enable party to produce secondary evidence--It is necessary for party to prove existence and execution of original document--Conditions laid down in Section 65 must be fulfilled before secondary evidence can be admitted.
Supreme Court of India
Smt. J. Yashoda vs Smt. K. Shobha Rani on 19 April, 2007
Citation; AIR2007SC1721, 2007(3)ALLMR(SC)823,
Bench: Dr. Arijit Pasayat, Lokeshwar Singh Panta
Secondary evidence, as a general rule is admissible only in the absence of primary evidence. If the original itself is found to be inadmissible through failure of the party, who files it to prove it to be valid, the same party is not entitled to introduce secondary evidence of its contents.
Essentially, secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to be given first, when a proper explanation of its absence is given. The definition in Section 63 is exhaustive as the Section declares that secondary evidence "means and includes" and then follow the five kinds of secondary evidence.
The rule which is the most universal, namely that the best evidence the nature of the case will admit shall be produced, decides this objection that rule only means that, so long as the higher or superior evidence is within your possession or may be reached by you, you shall give no inferior proof in relation to it. Section 65 deals with the proof of the contents of the documents tendered in evidence. In order to enable a party to produce secondary evidence it is necessary for the party to prove existence and execution of the original document. Under Section 64, documents are to be provided by primary evidence. Section 65, however permits secondary evidence to be given of the existence, condition or contents of documents under the circumstances mentioned. The conditions laid down in the said Section must be fulfilled before secondary evidence can be admitted. Secondary evidence of the contents of a document cannot be admitted without non-production of the original being first accounted for in such a manner as to bring it within one or other of the cases
Evidence Act, 1872--Sections 63 and 65 (a)--Secondary evidence--Admissible only in absence of primary evidence--If original itself found to be inadmissible through failure of party--Same party not entitled to introduce secondary evidence of its contents--In order to enable party to produce secondary evidence--It is necessary for party to prove existence and execution of original document--Conditions laid down in Section 65 must be fulfilled before secondary evidence can be admitted.
Supreme Court of India
Smt. J. Yashoda vs Smt. K. Shobha Rani on 19 April, 2007
Citation; AIR2007SC1721, 2007(3)ALLMR(SC)823,
Bench: Dr. Arijit Pasayat, Lokeshwar Singh Panta
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