Indian Evidence Act
Section 61 of the Indian Evidence Act says that the content of a document can be proved by two modes – primary evidence or secondary evidence. It means there is no other prescribed method by law for proving the contents of a document.
What is Primary Evidence
Section 62 of the Indian Evidence Act says that primary evidence means the original document itself. When the original document is produced before the court as evidence, then it is said to be primary evidence. It may be original property papers, original will, any accounts file, or any other such document.
It also includes:
For example, the registry of a property may be done in several parts by different co-owners. Each such part of the registry shall be primary evidence.
For example, the printing of 50 photographs at once is primary evidence. Each photo is primary. Also, the printing of a newspaper in one uniform process is primary evidence. Each copy of the newspaper is primary.
Note: Even the carbon copy of a document is admissible as primary evidence since it is made by one uniform process.
What is Secondary Evidence
Section 63 of the Indian Evidence Act provides for secondary evidence. The evidence which is not primary is secondary.
What Documents Are Secondary
For example, a photo of an original document is secondary evidence. Also, a letter made by a copying machine from the original letter is secondary evidence.
For example, a cheque signed by the drawer is primary evidence against him, and secondary evidence for the drawee as the drawee did not sign it.
For example, if any person has seen or read a will of the deceased. He may give a verbal account of the contents of the will in court.
Note: Oral account of secondary evidence is not admissible. It can be given only of the primary.
How Documents Are Proved
It is a general rule that documents are to be proved by primary evidence only, as primary evidence is original and authentic in nature. But there may be possibilities when the primary document is not available, and then secondary evidence may be given in the court. There are certain situations when secondary evidence can be brought to the court.
When Secondary Evidence Can Be Given
Section 65 of the Indian Evidence Act provides for situations when secondary evidence can be given:
For example, a document as per section 3 of the Indian Evidence Act can be a caricature or inscription also. And because it is not movable, secondary evidence of it can be given.
For example, it can be any official record or act. In such a case certified copy of it is permissible.