Exploring the Concept of Primary and Secondary Evidence

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INTRODUCTION

PRIMARY EVIDENCE

Primary evidence is mentioned in section 62 of Indian Evidence Act. it is the best evidence a man or an individual can give in the court to prove something for the case that someone is fighting to win that case. Primary evidence is the best evidence that an individual can present in the court of law to prove something. Secondary evidence is the subordinate to the primary evidence. When something original paper or document in given before the court as an evidence then it is assumed to be the primary evidence or can say it is the topmost or very important evidence that can be presented before the court to prove something as an evidence. Primary evidence is an actual item that it varies very much from secondary evidence. Primary evidence is the evidence that should be produced before the court of law and then afterwards the court can inspect that evidence.      

When the original document is generated before the court as the evidence, then it is supposed to be primary evidence. It may be the original property papers, or the original will, any accounts file or paper, or any other such document. When primary evidence is not available then only the secondary evidence can be given and with the reason stated that why there is non-appearance of primary evidence. 

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SECONDARY EVIDENCE

Secondary evidence is the subordinate to the primary evidence which can be present in the court of law to prove for something in the case. Secondary evidences are the certified copies of the paper or the documents from the original ones. Secondary evidence are the certified copies of the original ones that is to be given before the court to present it as secondary evidence. Secondary evidence is called as subordinate because these evidences are the copies made from the originals. Secondary evidence is accepted in the court of law and the parties against whom the evidence is given, the parties have no right to disagree or deny to the evidence that are the secondary evidence and not the primary evidence.       

What Documents Are Secondary: –

  1. A certified copy of a first\original document is its secondary evidence.
  2. the copies that are made from the original documents is secondary evidence.
  3. Counterpart of any document which is not signed or accepted by the party is the secondary evidence for him.
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When the Secondary Evidence Can Be can be presented before the court of law: – it is mentioned in the section 65 of the Indian Evidence Act. it stated that when the secondary evidence can be given:

  1. the secondary can be given in situation where the original document i.e. the primary evidence is with the person or an individual against whom that evidence or document is to be proved, then only the secondary evidence can be given in the court and this evidence is permissible in the court of law in those circumstances.
  2. If the party against whom such a document was to be proved present with written admission of the contents of a document, then such written admission is permissible.
  3. If the document which was to be produced before the court of law is lost or destroyed, then in this case, the secondary evidence can be given.
  4. If the primary evidence which is to be produced before the court is not effortlessly feasible to move, then in this case, the secondary evidence can be given. 
  5. If the document to be mentioned is such of which the Evidence Act itself gives the permission for its certified copy. Refer section 76, 77, 79, 86 of the Indian Evidence Act.
  6. If the primary evidence comprised of numerous documents, which is not easy to present before the court of law, then the testimony of any skilled individual can be given who has inspected those documents.

TYPES OF SECONDARY EVIDENCE AND JUDICIAL DECISIONS:
in the court, primary evidence is the main basis to present in the court that even after the production of secondary evidence in the court, Here it is discussed different types of secondary evidence and it is mentioned herein under are as follows:

  1. Certified copies-

In the court of law, primary evidence are the original documents or papers present in the court, but there is secondary evidence also that are comprises of the certified copies of the original documents or certified copies of the primary evidence which are to be proved in the court against an individual to get the victory in a case. This secondary evidence or certified copies proofs may be presented by calling a witness who had compared the copy with the originals. This rule of certified copies mentioned under article 166(3) of the constitution of India that are permissible in evidence in the court of law. It was held that when the secondary evidence is given in the court, it assumes to be the character of primary evidence. 

  1. Copies prepared by mechanical process-

In this case, the certified copies are made from the original copies and still ensures perfection. It was held that when the secondary evidence is given in the court, it assumes to be the character of primary evidence. The certified copy assumes to be the primary evidence in the court of law. The category combines many types of copies including photography, carbon copies, etc. There are many documents which are made in one procedure as different type of copies, but they are the copies or documents of the original ones.  

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3.Photographs-
Halsbury stated that “ Photographs are properly verified on oath by an individual able to speak to their accuracy are generally admissible to prove the identity of that individual, or of the configuration of the land as it existed at a specific moment, or the contents of the lost document.” When a case comes to the court regarding the case of accident or any other like road accidents by fault of the other or the person injured or deceased, then in the court the x-ray photos of the person involved in the case will be present in the court of law as a photograph evidence i.e. also called as secondary evidence. And when the photograph will be present. The person or individual who took the photograph should be called to the court. But a photogenic evidence cannot be made as fully evidence because what actually happened at that time no one knows, and who knows he\she cannot describe that thing physically but orally he\she can do it.      

  1. Photostat copy-

The Photostat copy is not the conclusive proof to be given in the court. The Photostat copies should be received as an evidence, doesn’t matter if that Photostat copy is the substitute of the original one or any other matter. Matters that it is a secondary evidence and the parties to the matter has no right to deny or disagree on this secondary evidence. At the end, it is an evidence. Doesn’t matter if it is primary or secondary, proof is always a proof and the court will accept and the parties to this matter has no right to deny or disagree on this evidence.  

5.Carboncopy-
In the court of law, primary evidence are the original documents or papers present in the court, but there is secondary evidence also that are comprises of the certified copies of the original documents or certified copies of the primary evidence which are to be proved in the court against an individual to get the victory in a case. This secondary evidence or certified copies proofs may be presented by calling a witness who had compared the copy with the originals.  

CONCLUSION:

Evidence is a very important part of every case relating different type or categories of case that come up to the courts to get solve the disputes between individuals. The court is always relied upon the evidences to get through the cases and solve the disputes arising out of the case between two individuals or any big matter cases, or can any every type of case evidence is must whether that is secondary evidence or primary evidence.  


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