Secondary Evidence Under The Indian Evidence Act, 1872 : Principles Relevant For Examining The Admissibility
The Supreme Court recently explained the principles relevant for examining the admissibility of secondary evidence under the Indian Evidence Act, 1872.
- It is covered by Section 62 of the Evidence Act and is considered the highest class of evidence.
- Primary evidence, also known as best evidence, refers to the actual documents produced for the court’s inspection.
- It is admissible without prior notice and takes precedence over secondary evidence.
- As per Section 62, when the document itself is produced for the inspection of the court, it is called the primary evidence. If the document is in parts, then each part forms the primary evidence.
- Example: Birth Certificate issued by a government authority.
Secondary Evidence under the Indian Evidence Act, 1872:
- It is defined under Section 63 of the Evidence Act.
- It can only be introduced if primary evidence is not available, and the reason for its absence must be explained.
- It is considered a substitute for the original or primary evidence.
- It is generally considered to be of lower evidentiary value compared to primary evidence.