Age certificate The age certificate issued by the principal of a school on the basis of admission was not considered primary but secondary proof. List of electors A voters list is not primary proof of date of birth, but secondary evidence contained in a newspaper article Mustafa v. Khurshida An article published in a newspaper is at best second-hand secondary proof. A fact must be affirmed and proven, and then newspaper articles can be used to support it, but not independently. Obviously, when comparing the two primary evidences, there will always be the advantage over the secondary evidence. In fact, the presentation of secondary evidence is admissible only if primary evidence is not available at all. In accordance with section 65 of the Indian Evidence Act, 1872, secondary evidence of the existence, condition or content of a document may be provided in the following cases: (6) – If the original is a document of which a certified copy is permitted as evidence under the Evidence Act or any other law applicable in India; The execution of a document in return has already been explained in the analysis of Explanatory Note 1 to § 62. The consideration for the document is primary evidence for the parties who perform it under section 62, whereas under that clause it is secondary evidence for the parties who did not perform it. Oral diplomas Under section 63, secondary evidence is considered inferior evidence. This implies that even after presenting secondary evidence, primary evidence must be presented to fill the gaps. This evidence may be presented in the absence of primary evidence, but it must be disclosed. However, if the secondary evidence is accepted without objection within a reasonable time, the parties are not entitled to argue that the point was proved by secondary evidence and not primary evidence. This last section allows the oral presentation of the contents of a document as secondary evidence.
The oral presentation of the contents of a document by a person who has seen it only with his own eyes but cannot read it is not admissible as secondary evidence. The word in section 5 of this section means more than just looking at the document, and that includes proof that a person who has seen and examined the document, is able to directly prove the contents of the document. An illiterate person cannot be someone who has seen the document within the meaning of the article. In Pudai Singh v. Brij Mangai, Allahbad HC ruled that in the case of an illiterate witness and as such who cannot read it himself, the word in this article satisfies the requirement of the article when read to him. But this decision was not accepted by Health Canada, which verbally reported the contents of a document from a person who sent it himself. The oral testimony of an illiterate person is hearsay evidence and is excluded from section 60. A typed copy of an alleged act of partition, without claiming that the document falls into one of the categories listed in section 63 of this Act, cannot be considered secondary evidence. Tape recording Secondary evidence is evidence that has been reproduced from an original document or replaced by an original exhibit. For example, a photocopy of a document or photo would be considered secondary evidence. Another example would be an exact replica of an engine part contained in a motor vehicle. If the engine part is not the same as that of the motor vehicle at issue in the case, it is considered secondary evidence.
An original is not required and any other evidence of the contents of a document, recording or photograph is admissible if: The Court also noted that section 65B does not refer to the stage at which such a certificate must be presented to the court and noted that in cases where such a certificate could be obtained by the person: wishing to rely on an electronic record, This certificate must accompany the electronic registration if it is presented as proof. However, in cases where an incorrect certificate is issued or in cases where such a certificate has been applied for and is not issued by the person concerned, the trial judge must summon the person or persons referred to in section 65B(4) of the Evidence Act and request that the certificate be issued by that person or persons. The trial judge should do so if the electronic record is presented in evidence before him without the certificate required in the circumstances mentioned above. This, of course, is subject to the discretion exercised in civil cases in accordance with the law and the requirements of justice with regard to the facts of the case in question. This is not the best form of evidence and is usually presented in exceptional circumstances such as the absence of primary evidence. Evidence refers to evidence of fact or authentic information that reflects the validity or authenticity of a belief or statement. In the eyes of the law, any document or statement admitted by the court or made by witnesses in court concerning the underlying case constitutes evidence. It can be of two types, i.e. oral evidence and written evidence. (3)- if the original has been destroyed or lost, or if the party providing evidence of its contents cannot produce it within a reasonable time for any other reason not attributable to its own failure or omission; Secondary evidence is not considered the best form of evidence.
It is usually presented in exceptional circumstances when primary evidence is not available. However, this cannot diminish its importance in proving certain facts. There are a number of cases where the presence of primary evidence is not possible. In such circumstances, secondary evidence plays a crucial role in proving the facts in court and helps to deliver justice.
