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Under rule 1004, secondary evidence of a writing, recording, or photograph is admissible if (1) all originals are lost or destroyed, unless they were lost or destroyed in bad faith by the party seeking to introduce the secondary evidence; (2) no original can be obtained by judicial process or procedure; (3) the party’s.
What are the circumstances secondary evidence is admissible?
Secondary evidence admissible in the absences of the primary evidence. The secondary evidence is another source. Section 63 of the Indian Evidence Act, 1872 outlines the second evidence. Secondary evidence is different without original documents such as certified copies, Photocopy, document partners etc.
What is secondary evidence and under what circumstances it can be given?
Secondary evidence can be presented only in the absence of primary evidence by explaining the reason for the absence of such evidence. According to Section 63, secondary evidence is considered to be an inferior type of evidence.
When can secondary evidence related to document be given?
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, 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.
Under what circumstances such evidence are admissible under Indian Evidence Act?
Thus, the admissibility of evidence means any document, testimony, or tangible evidence used in a Court of Law. All evidence is not allowed in the Court, only those evidence which is reliable and relevant are admitted in the Court of Law.
What are examples of 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.
What is secondary evidence under evidence Act?
On bare reading, secondary evidence means and includes: (1) Certified copies given under the provisions hereinafter contained. (2) Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies.
Which is not a secondary evidence?
Photostat copies of documents should be accepted in evidence after examining the original records as genuineness of a document was a fundamental question. A Photostat copy of a document is not admissible as secondary evidence unless proved to be genuine or the signatory accepts his signature.
What is secondary evidence Court?
Secondary evidence means and includes— (1) certified copies given under the provisions hereinafter contained; (2) Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies.
Is photocopy a secondary evidence?
In other words, photostat copy of a document is not admissible as secondary evidence unless proved to be genuine or is admitted by opposite party.
What is the difference between primary evidence and secondary evidence?
Primary Evidence is the first and legitimate copy of the document which is produced before the Court for inspection. Secondary Evidence is the substitute but a less important copy of the document, which is produced when the primary evidence is not available. The evidence is by itself admissible to the Court.
What are the three foundational elements that must be shown before secondary evidence is admitted?
The three foundational elements that must be shown before secondary evidence is admitted are. That there has been a writing in existence; hat the secondary evidence is a genuine copy of the original or accurately relates the contents of the original and.
What is meant by documentary evidence primary evidence and secondary evidence?
Documentary evidence means and includes all documents produced before the Court for its inspection. The contents of documents must be proved either by the production of document which is called Primary Evidence or Secondary Evidence.
What evidence Cannot be used in court?
Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.
What is considered admissible evidence?
To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).
What is evidence under Evidence Act?
According to Section 3 of the Evidence Act 1872, evidence means and includes: All such statements which the court allows or needs to be presented before it by the witnesses in connection to matters of fact under inquiry. All such documents including any electronics record, presented before the court for inspection.
What is secondary evidence in history?
Secondary sources were created by someone who did not experience first-hand or participate in the events or conditions you’re researching. For a historical research project, secondary sources are generally scholarly books and articles. Secondary sources may contain pictures, quotes or graphics of primary sources.
What are examples of primary and secondary sources?
Primary and secondary source examples Primary source Secondary source Letters and diaries written by a historical figure Biography of the historical figure Essay by a philosopher Textbook summarizing the philosopher’s ideas Photographs of a historical event Documentary about the historical event.
What are the 4 types of evidence?
The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary.
What evidence Cannot be rebutted or overcome?
A conclusive presumption is one in which the proof of certain facts makes the existence of the assumed fact beyond dispute. The presumption cannot be rebutted or contradicted by evidence to the contrary.
Is Xerox copy a secondary evidence?
As held by the Apex Court in the case of Bitot Das (supra), unless the foundation for producing the secondary evidence is laid, the xerox copy is not admissible in evidence. But, to admit the secondary evidence, however, it is not sufficient to show merely that the original document is lost.
Can a photocopy be used as evidence?
No. Section 61 of the Evidence Act prescribes that the contents of a document may be proved either by primary evidence or by secondary evidence. So, the photocopy to be admissible as evidence has to be a certified copy. No reliance can be expected on a document which is otherwise inadmissible in a Court and.
Is oral evidence secondary evidence?
Oral evidence refers to any evidence that is stated in the court of law by the way of words or any other form of language that helps in communication. Secondary Oral evidence can be said to be any evidence that a witness may provide by listening to a third party.
