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  • Primary and Secondary Evidence

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    Aditya Prakash
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    Primary evidence refers to the original documents presented in court, which is considered the highest form of evidence. Secondary evidence refers to copies or descriptions of original documents presented when primary evidence is unavailable. Primary evidence is directly admissible in court, while secondary evidence can only be admitted if the conditions of Sections 63 and 65 are met. At the time of presenting primary evidence, the opposing party cannot object, but they can object to secondary evidence. Primary evidence is considered superior to secondary evidence, which can only be presented as an exception to the general rule requiring primary evidence. Recent Supreme Court rulings have established that electronic evidence is not considered primary evidence under Indian law.

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    Primary evidence refers to the original documents presented in court, which is considered the highest form of evidence. Secondary evidence refers to copies or descriptions of original documents presented when primary evidence is unavailable. Primary evidence is directly admissible in court, while secondary evidence can only be admitted if the conditions of Sections 63 and 65 are met. At the time of presenting primary evidence, the opposing party cannot object, but they can object to secondary evidence. Primary evidence is considered superior to secondary evidence, which can only be presented as an exception to the general rule requiring primary evidence. Recent Supreme Court rulings have established that electronic evidence is not considered primary evidence under Indian law.

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    129 views2 pages

    Primary and Secondary Evidence

    Uploaded by

    Aditya Prakash
    Primary evidence refers to the original documents presented in court, which is considered the highest form of evidence. Secondary evidence refers to copies or descriptions of original documents presented when primary evidence is unavailable. Primary evidence is directly admissible in court, while secondary evidence can only be admitted if the conditions of Sections 63 and 65 are met. At the time of presenting primary evidence, the opposing party cannot object, but they can object to secondary evidence. Primary evidence is considered superior to secondary evidence, which can only be presented as an exception to the general rule requiring primary evidence. Recent Supreme Court rulings have established that electronic evidence is not considered primary evidence under Indian law.

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    Primary and Secondary Evidence:

    Primary evidence under the Indian Evidence Act, is what is deemed to be highest form of
    evidence, in terms of accuracy and value. It is governed by Section 62 of the Evidence Act.
    The "best evidence rule" says that the highest possible degree of proof must be produced.
    Secondary evidence, in contrast, is what is presented in the absence of primary evidences,
    thus the name. Secondary evidence includes within its definition the copies made from
    original by mechanical process, State( NCT of Delhi) v. Navjot Sandhu, (2005) 11 SCC 600.
    Section 63 defines and governs secondary evidences in Indian Law. It is an inferior quality of
    evidence as compared to the former.
    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 a 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.
    Section 64 states that all the documents must be proved by primary evidence.
    Section 65 states that in cases where the other party is in possession of the documents then a
    photocopy ehich will be the secondary evidence is to be submitted, or, when the original has
    been destroyed or lost, or, when the original is of such a nature that it is not easily movable,
    or, when the original is a public document within the meaning of Section 74 of the Indian
    Evidence Act. Section 65B also talks about the admissibility of Electronic evidence.
    Primary Evidence Secondary Evidence
    Primary evidence means the documents Secondary evidence means:
    itself produced for the inspection of the (a) Certified copies;
    court. (b) Copies made from the original by
    mechanical process with accuracy;
    (c) Copies made from or compared with
    the original;
    (d) Counterparts of a document;
    (e) Oral accounts of the contents of
    document given by some person
    Primary evidence is itself admissible in When the primary evidence is not
    the Court. available, then only the secondary
    evidence is admissible under the
    provisions of Sections 63 & 65.
    At the time of production of the primary At the time of production of secondary
    evidence the adverse party has no such evidence, the adverse party has a right to
    right to raise objections. raise objection.
    The primary evidence is the best The secondary evidence is inferior then
    evidence. the primary evidence.
    Giving Primary Evidence is general rule. Giving Secondary Evidence is exception
    to the general rule.
    The party submitting Secondary Evidence must establish mandatorily reasons for the non-
    production of primary evidence. This was held in the landmark judgement of the Supreme
    Court in Rakesh Mohindra v. Anita Beri and Ors. (2016) 16 SCC 483.
    In the recent landmark judgement by the Supreme Court it was held that Electronic evidence
    under Section 65A and 65B cannot be considered as primary evidence, because within the
    purview of documents mentioned under Section 3, only written documents are taken into
    consideration. Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801.

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