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SUBMITTED TO:
SUBMITTED BY: Dhanistha
meena (ba.llb)
3rd semester,
rolle no:6
ACKNOWLEDGEMENT :
I would like to express my special thanks of gratitude to my
teacher___________ as well as our DEAN_________who
gave me the golden opportunity to do this wonderful
project on the topic__________, which also helped me in
doing a lot of Research and i came to know about so many
new things
I am really thankful to them.
Secondly i would also like to thank my parents and friends
who helped me a lot in finishing this project within the
limited time.
I am making this project not only for marks but to also
increase my knowledge .
THANKS AGAIN TO ALL WHO HELPED ME.
SECONDARY EVIDENCE
Secondary evidence is evidence that has been reproduced from an original document or
substituted for an original item. For example, a photocopy of a document or photograph
would be considered secondary evidence. Another example would be an exact replica of
an engine part that was contained in a motor vehicle. If the engine part is not the very
same engine part that was inside the motor vehicle involved in the case, it is considered
secondary evidence.
Courts prefer original, or primary, evidence. They try to avoid using secondary evidence
wherever possible. This approach is called the best evidence rule. Nevertheless, a court
may allow a party to introduce secondary evidence in a number of situations.
After hearing arguments by the parties, the court decides whether to admit secondary
evidence after determining whether the evidence is in fact authentic or whether it would
be unfair to admit the duplicate. However, when a party questions whether an asserted
writing ever existed, or whether a writing, recording, or photograph is the original, the
trier of fact makes the ultimate determination. The trier of fact is the judge if it is a
bench trial; in a jury trial, the trier of fact is the jury.
Objectives of the Study:
In view of the foregoing discussion, the main purpose of the present work is to discusses
importance of secondary evidence in the life of an individual. Keeping in view this aim,
the researcher has analyzed the legal provision/regulatory framework dealing with
Closure and concentrated on the practical aspects covering various judicial
interpretations throwing a light upon the scope and application of the concept.
The researcher in the present study has attempted to highlight the object of the
research. The effort has been made to evaluate the efficacy and adequacy of the
existing laws in combating/ providing relief/remedy; to examine the interpretation given
by the Courts.
It is not possible to make the work exhaustive as the subject is holding ever-growing
importance and scope. Nevertheless a line has to be drawn somewhere for
accomplishing the present research work in an effective way. Accordingly, the present
work covers the analysis and social investigation regarding factual status, paradigms of
law on the secondary evidence and laws dealing with ancillary issues which help to
explain these areas. The work covers analysis. In addition to it, a variety of
supplementary laws have been discussed at adequate and relevant places for reference
purpose.
The main focus of the study is to undertake the evaluation of judgment and
interpretation regarding Administrative law.
Aims :
The research project has been carried out with the following aims:
Where the existence of a document was admitted, it was held that, by such
admission, secondary evidence furnished by a certified copy assumes the
character of primary evidence.
2. Copies prepared by mechanical process
The copies prepared by mechanical process and copies compared with such
copies is mentioned in clause 2 of this section. In the former case, as the
copy is made from the original it ensure accuracy. To this category belong
copies by photography, lithography, cyclostyle, carbon copies. Section 62 (2)
states that, where a number of document are made by one uniform process,
as in the case of printing, lithography, or photography, each is primary
evidence of the contents of the rest, but where they are all copies of a
common original, they are not primary evidence of the content of the
original.
Copies of copies kept in a registration office, when signed and sealed by
registering officer, are admissible for the purpose of proving the contents of
the originals.
When prosecution does not establish that the copies in question were made
from originals by mechanical process, no reliance can be placed by
prosecution on those copies.
Letter press copies and photographs of writings are secondary evidence
3. Counter foils
The counter foils of rent receipts being an admissible in favour of the
landlord are not admissible against the tenant.
4. Photographs
HALSBURY states Photographs properly verified on oath by a person able to
speak to their accuracy are generally admissible to prove the identity of
persons, or of the configuration of land as it existed at a particular moment,
or the contents of a lost document
x-ray photographs are admissible in evidence to determine the extent of a
physical injury or disease, provided it is proved that the photograph is a
photograph of the person injured or diseased. The person who took the
photograph should be called, unless his evidence is dispensed with by
consent.
Statements in the tape recorded can be admitted after proving that they
were accurately recorded. A previous inconsistent statement recorded on the
tape recorder is admissible for the purpose of contradiction.
Where the cassette containing the speech of the returned candidate in the
election, tape recorded by the police officer, was tendered in evidence by the
election petitioner but how and why it came to be recorded and how the
petitioner came to know about it, were not explained by him, it was not
relied upon as a piece of evidence.
The supreme observed:
the conditions for admissibility of a tape recorded statement may
be stated as follows :---1) the voice of the speaker must be duly identified by the maker of the
record or by others who recognize his voice, in other words, it manifestly
follows as a logical corollary that the first condition of the admissibility of
such a statement is identification of the voice of the speaker. Where the
voice has been denied by the speaker, it will require very strict proof to
determine whether or not it was really his voice.
2) the accuracy of the ape recorded statement has to be proved by the
maker of the record by satisfactory evidence, direct or circumstantial.
3) Every possibility of tampering with or eraser of a part of a tape recorded
statement must be ruled out otherwise it may render the said statement out
of context and , therefore, inadmissible.
4) the statement must be relevant according to the rules of evidence act.
5) the recorded cassette must be carefully sealed and kept in safe or official
custody.
6) The voice of the speaker must be clearly audible or not lost or distorted by
other sounds or disturbances .
A taped conversation, not compared with the voice, was not allowed as
evidence.
10. Copies made from or compared with original
COPY Copies made from the original or copies compared with the original are
admissible as secondary evidence. A copy of a copy then compared with the
original , would be received as secondary evidence of the original.
A copy of a certified copy of a document, which has not been compared with
the original, cannot be admitted in evidence, such a copy being neither
primary or secondary evidence of the contents of the original.
When a document is an accurate or true and full reproduction of the original,
it would be a copy.
To admit secondary evidence, it is not sufficient to so merely that the original
document is lost; the secondary evidence itself must be of the nature
described in section 63.a true copy of a document will not be admissible
under section 63, unless it is shown that it had been made from or compared
with the original.
Ordinary copy of a sale deed cannot be admitted as secondary evidence but
copies of sale deeds of acquired land are admissible in evidence, provided
the parties to the document are examined to prove the document.
The supreme court dealing with section 14 of Arbitration Act, explained the
meaning of expression signed copy of award and observed;Signing means
writing ones name on some document or paper; so long as there is a
signature of arbitrator or umpire on the copy of the award filed in court, and
it showed that the person signing, authenticated the accuracy or correctness
of the copy, the document would be a signed copy of the award; it would in
such circumstance be immaterial whether the arbitrator or umpire puts down
the words certified to be true copy before signing the copy of the award
above his signature; when a document is an accurate or true and full
reproduction of the reproduction of the original it would be a copy.
Where the plaintiff in a suit for ejectment, produced a copy of the notice to
quit , in proof of the fact that the notice was valid, and original was in
possession of other party, and the plaintiff swore that it was a true copy of
the original, it was held that it was not necessary that the scribe of the copy
should be produced, and anyone who had heard the original and the copy
read out to him, might swear that the contents of the two are identical and it
would be admissible,
Where a handwritten copy of the adoption deed was tendered in evidence in
the absence of evidence as to who made the copy , from what it was made,
or whether it was compared with the original, it must be disregarded.
Section 63(3) refers to those types of copies;
The Allahabad high court has similarly held that section 63 is not exhaustive
of all types of secondary evidence. It , therefore, allowed the draft notice
from which the final notice was prepared to be produced as secondary
evidence.
It is not necessary for the proof of the bye-laws of a company, that the
original copy of the bye-laws bearing any mark of the approval of the board
of directors be produced. The bye-laws can be proved by other evidence.
11. Counterparts
Execution of a document in counterparts has already been explained while
dealing with explanation 1 to section 62. counterpart of document are
primary evidence as against the parties executing them under section 62
whereas under this clause they are secondary evidence as against the
parties who did not execute the.
12. Oral accounts
This is last clause enable oral account of the content of a document being as
secondary evidence. The oral account of the content of a document given by
a person who has merely seen it with his own eyes, but not able to read it is
not admissible as secondary evidence. The word seen in clause 5 of this
section means something more than the mere sight of the document, and
this contemplates evidence of a person who having seen and examined the
document is in a position to give direct evidence of the content their of. An
illiterate person cannot be one who has seen the document within the
meaning of the section. In Pudai Singh v. Brij Mangai, allahbad HC held that
as regards the letting in of secondary evidence the word seen in this section
includes read over in the case of a witness who is illiterate and as such
cannot himself read it, if it is read over to him, it will satisfy the requirement
of the section. But this ruling was not accepted by HC oral account of the
content of a document by some person who has himself sent it. Oral account
given by an illiterate person will be hearsay evidence and excluded by
section 60.
13. Registration copy
Where the plaintiff took step to produce original will but it was not produced
by the parties in whose possession it was, it was held that the registration
copy of the will which she filed, was admissible in evidence as secondary
evidence.
14. Unprobated will
2.
Copies made from the original by mechanical processes which in themselves insure the
accuracy of the copy and copies compared with such copies;
3.
4.
Counterparts of documents as against the parties who did not execute them;
5.
Oral accounts of the contents of a document given by some person who has himself seen
it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not been
compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by copying machine is secondary evidence of the
contents of the letter, if it is shown that the copy made by the copying machine was made from the
original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary
evidence, but the copy not so compared is not secondary evidence of the original, although the copy
from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a photo
graph or machine copy of the original, is secondary evidence of the original.
COMMENTS
Admissibility
Application moved for permission to lead secondary evidence based on ground of loss of document.
Presence of document proved from the facts pleaded Allowing secondary evidence not illegal;
Sobha Rani v. Ravikumar, AIR 1999 P&H 21.
Tape-recorded statements are admissible in evidence; K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad
59. Certified copies of money lenders licences are admissible in evidence;
64. Proof of documents by primary evidence Documents must be proved by primary evidence except in the cases hereinafter mentioned.
In cases (a), (c) and (d), any secondary evidence of the contents of the documents is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is
admissible.
In case (g), evidence may be given as to the general result of the documents by any person who has
examined them, and who is skilled in the examination of such documents.
Conclusion
Secondary evidence is the evidence, which may be
given under certain circumstances in the absence
of better evidence. The general rule is that the
secondary evidence is not allowed to be given until
the non production of the primary evidence. This
thing is discussed in above mention types of
secondary evidence whether they are admissible in
which conditions.
The outcome of hypothesis is half true and
remaining is not true. The secondary evidence is
admissible in certain conditions only but its
evidential value dose not change if admissible in
court.
REFRENCES:
1.www.legalserviceindia.com/article/
2.www.advocatekhoj.com
3.indiankannon.org
4.https://advocatemmmohan.wordpre
ss.com
5.wikipedia and word web
Books referred
# Law of Evidence, Ratanlal & Dhirajlal, Wadhwa
Publication Nagpur
# Law of Evidence, Dr. V. Krishnamachari, S. Gogia
& Company