A reproduction of, or substitute for, an original document or item of proof that is offered

to establish a particular issue in a legal action.

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. If the engine part is not the very
same engine part that was inside the motor vehicle involved in the case, it is considered
secondary
evidence.
Courts prefer original, or primary, evidence. They try to avoid using secondary evidence
wherever possible. This approach is called the best evidence rule. Nevertheless, a court
may allow a party to introduce secondary evidence in a number of situations.
After hearing arguments by the parties, the court decides whether to admit secondary
evidence after determining whether the evidence is in fact authentic or whether it would
be unfair to admit the duplicate. However, when a party questions whether an asserted
writing ever existed, or whether a writing, recording, or photograph is the original, the
trier of fact makes the ultimate determination. The trier of fact is the judge if it is a
bench
trial;
in
a
jury
trial,
the
trier
of
fact
is
the
jury.
Research
Problems
:
There is need to improve the method of accepting secondary evidence and court should
take into consideration the secondary evidence. We will also see different case law on
this
basis.
Objectives
of
the
Study:
In view of the foregoing discussion, the main purpose of the present work is to discusses
importance of secondary evidence in the life of an individual. Keeping in view this aim,
the researcher has analyzed the legal provision/regulatory framework dealing with
Closure and concentrated on the practical aspects covering various judicial
interpretations throwing a light upon the scope and application of the concept.
The researcher in the present study has attempted to highlight the object of the
research. The effort has been made to evaluate the efficacy and adequacy of the
existing laws in combating/ providing relief/remedy; to examine the interpretation given
by
the
Courts.
It is not possible to make the work exhaustive as the subject is holding ever-growing
importance and scope. Nevertheless a line has to be drawn somewhere for
accomplishing the present research work in an effective way. Accordingly, the present
work covers the analysis and social investigation regarding factual status, paradigms of
law on the secondary evidence and laws dealing with ancillary issues which help to
explain these areas. The work covers analysis. In addition to it, a variety of
supplementary laws have been discussed at adequate and relevant places for reference

purpose.
The main focus of the study is to undertake the evaluation of judgment and
interpretation
regarding
Administrative
law.
Aims
The research
To
know
When

project has
the
secondary

been carried out

value
of
evidence

:
with the following aims:
secondary
evidence
are
admissible.

Hypothesis
:
Secondary evidence are those evidence which have less evidential value and are
generally
not
admissible
easily
in
court.
Scope
and
limitations
of
present
research
:
The nature of the present research project is a doctrinal one. The subject matter of the
study being types of secondary evidence It would have been impracticable to carry
out a non-doctrinal research project without analyzing the prevailing conditions across
the India. Therefore researcher has opted for doctrinal research project.
Research
Methodology
applied
:
The quality and value of research depends upon the proper and particular methodology
adopted for the completion of research work. Looking at the vastness of the research
topic - historical, doctrinal legal research methodology has been adopted. To make an
authenticated study of the research topic secondary evidence enormous amount of
study material is required. The relevant information and data necessary for its
completion has been gathered from both primary as well as secondary sources available
in the books, journals, periodicals, newspapers, research articles and proceedings of the
seminars, conferences, conventions and annual reports on environment, websites.
INTRODUCTION
OF
SECONDARY
EVIDENCE
S.
63
Secondary
evidence
means
and
includes

1.Certified
copies
given
under
the
provisions
hereinafter
contained;
2.Copies made from the original by mechanical process which in themselves ensure the
accuracy
of
the
copy,
and
copies
compared
with
such
copies;
3.Copies
made
from
or
compared
with
the
original;
4.Counterparts of documents as against the parties who did not execute them;
5.Oral accounts of the contents of a document given by some person who has himself
seen
it.
Clause
1
to
3
deals
with
copies
of
document
This section is exhaustive in regards to the kinds of secondary evidence admissible
under the Act. The expression means and includes in this section make it clear that
the
five
clauses
referring
to
secondary
evidence
are
exhaustive.
However secondary evidence cannot be made admissible mechanically. Sufficient

reason for non-production of the original document must be shown. For e.g. tenant file
Xerox copy of money receipt in his plea without giving proper reason and Xerox is
authentic
then
it
will
be
not
admissible.
There are various type of secondary evidence which we will study in next chapter.
TYPES
OF
SECONDARY
EVIDENCE
AND
JUDICIAL
DECISIONS
As we have seen in the provision of this section that there are different types of
secondary evidence let us understand one by one and judicial view on it. Their 17 main
type
of
secondary
evidence
which
are
as
follow:
1.
Certified
copies
2.
Copies
prepared
by
mechanical
process
3.
Counter
foils
4.
Photographs
5.
Xerox
copy
6.
Photostat
copy
7.
Carbon
copy
8.
Typed
copy
9.
Tape
records
10.
Copies
made
from
or
compared
with
original
copy
11.
Counterparts
12.
Oral
accounts
13.
Registration
copy
14.
Unprobated
will
15.
Age
certificate
16.
Voters
list
17.
Newspaper
report
1.
Certified
copies
Under section 76 the certified copies is defined. The correctness of certified copies will
be presumed under section 79, but that of other copies will have to be proved. This
proof may be afforded by calling a witness who can swear that he had compared the
copy tendered in evidence with the original, or with some other person read as the
contents
of
the
original
and
that
such
is
correct.
A copy of the municipal record which is not issued in accordance with the requirements
of
the
Municipal
Act,
is
not
relevant.
Certified copies of the Rules of Business made under Article 166(3) of the constitution
are admissible in evidence and judicial notice has to be taken of those rules as they are
statutory
rules.
Under section 63 read with 79 of the Act, a certified copy of a document can be
admitted
without
any
formal
proof.
In the case of a sale deed of 1896, when the party failed to prove the loss of the original

but produced a certified copy, for proving the contents of the document, it was held that
mere production of a certified copy would not be sufficient to justify the presumption of
due
execution
of
the
original
under
section
90.
Where the existence of a document was admitted, it was held that, by such admission,
secondary evidence furnished by a certified copy assumes the character of primary
evidence.
2.
Copies
prepared
by
mechanical
process
The copies prepared by mechanical process and copies compared with such copies is
mentioned in clause 2 of this section. In the former case, as the copy is made from the
original it ensure accuracy. To this category belong copies by photography, lithography,
cyclostyle, carbon copies. Section 62 (2) states that, where a number of document are
made by one uniform process, as in the case of printing, lithography, or photography,
each is primary evidence of the contents of the rest, but where they are all copies of a
common original, they are not primary evidence of the content of the original.
Copies of copies kept in a registration office, when signed and sealed by registering
officer, are admissible for the purpose of proving the contents of the originals.
When prosecution does not establish that the copies in question were made from
originals by mechanical process, no reliance can be placed by prosecution on those
copies.
Letter

press

copies

and

photographs

of

writings

are

secondary

evidence

3.
Counter
foils
The counter foils of rent receipts being an admissible in favour of the landlord are not
admissible
against
the
tenant.
4.
Photographs
HALSBURY states Photographs properly verified on oath by a person able to speak to
their accuracy are generally admissible to prove the identity of persons, or of the
configuration of land as it existed at a particular moment, or the contents of a lost
document
x-ray photographs are admissible in evidence to determine the extent of a physical
injury or disease, provided it is proved that the photograph is a photograph of the
person injured or diseased. The person who took the photograph should be called,
unless
his
evidence
is
dispensed
with
by
consent.
A photographic picture cannot be relied on as proof in itself of the dimensions of the
depicted object, and cannot be made properly available to establish the relative
proportion of such objects, except by evidence of personal knowledge or scientific
experience to demonstrate accurately the facts sought to be established.

The accuracy of the photographic copies, particularly of external objects, as shown in

the photograph, is to be establish on oath, to the satisfaction of the court, either by the
photographer or some one who can speak to their accuracy. Before admitting a
photograph, the person who took the photograph has to be examined, and he should
produce
the
negative.
5.
Xerox
copy
A xerox copy of the forensic report sent by FSL after certifying the same as true copy,
was held to be admissible in evidence as officer of the FSL had no interest in concocting
report
against
the
accused.
If any document is unregistered and its copy is produced in the court then it will not
admissible
in
the
court
as
secondary
evidence.
6.
Photostat
copy
A Photostat copy of a letter is a piece of secondary evidence, and it can be admitted in
case original is proved to have been lost or not immediately available, for given reason,
it is not conclusive proof in itself of the truthfulness of the contents contained therein.
Photostat copies of documents should be accepted in evidence after examining the
original records as genuineness of a document was a fundamental question. The
witness cn be shown and questioned as regards the Xerox copy of the document on
records and the same will not amount to admission of the said document in evidence. If
the witness admits the signature thereon, an objection can be raised at that time before
the court that the document, being a copy, could not be exhibited. In a case where the
Photostat copy of the original was produced, and there was no proof of its accuracy or of
its having been compared with, or its being true reproduction of the original it was held
that the Photostat copy cannot be considered as secondary evidence, as necessary
foundation for its reception was not laid. A Photostat copy of a document is not
admissible as secondary evidence unless proved to be genuine or the signatory accepts
his
signature.
7.
Carbon
copy
A carbon copy of a signature is a piece of secondary evidence within the meaning of
section63(2) of this Act, being a copy made by a mechanical process which ensures its
correctness. In a claim petition, the original insurance policy was not filed by the owner
of the vehicle. He did not object to the geniuses of the printed copy of the policy giving
particulars filed by the insurance company. He could not be allowed to raise objection
that
the
same
could
not
be
read
as
evidence.
8.
Typed
copy
A typed copy of a alleged partition deed without alleging that the document falls under
one of categories enumerated in section 63 of this Act, could not be held to be a
secondary
evidence.
9.
Tape
record
In the case of tape recording, which was referred to by the petitioner in support of his

assertions as regards the substance of what passed between him and the chief minister
of Punjab on several matters, there was no denial of the genuineness of the tape-record;
and there was no assertion that the voices of the persons were not those which they
purported to be . On those facts, the supreme court held that the tape-recordings can
be legal evidence by way of corroborating the statement of a person who disposes that
the other speaker and he carried on that conversation, or even of the statement of the
person who may depose that he overheard the conversation between two persons and
that what they actually stated had been tape recorded. What weight is to be attached
will depend on other factors which may be established in a particular case.
In Yusuf alli osmail V. State of Maharashtra, it was held that if a statement is relevant, an
accurate tape-record of the statement is also relevant and admissible; that the time and
place and accuracy of the recording must be proved by a competent witness and the
voices must be properly identified; that, because of this facility of erasure and re-use,
the evidence must be received with caution, and the court must be satisfied beyond
reasonable
doubt
that
the
record
has
not
been
tampered
with.
The supreme court held that the tape itself is primary and the direct evidence of the
matter recorded, that it is admissible not only to corroborate under section 156 of this
act but also for contradiction under section 155 (3) for testing the veracity of the
witness under section 146(1), and for impeaching his impartiality, under exception (2) of
section
153.
Where the voiceage denied by the alleged maker thereof, recording of a voice of a
witness for comparison with, and identification of earlier recorded voice is neither
expressly
noe
impliedly
prohibited
under
any
statute.
Statements in the tape recorded can be admitted after proving that they were
accurately recorded. A previous inconsistent statement recorded on the tape recorder is
admissible
for
the
purpose
of
contradiction.
Where the cassette containing the speech of the returned candidate in the election,
tape recorded by the police officer, was tendered in evidence by the election petitioner
but how and why it came to be recorded and how the petitioner came to know about it,
were not explained by him, it was not relied upon as a piece of evidence.
The
supreme
observed:
the conditions for admissibility of a tape recorded statement may be stated
as
follows
:---1) the voice of the speaker must be duly identified by the maker of the record or by
others who recognize his voice, in other words, it manifestly follows as a logical corollary
that the first condition of the admissibility of such a statement is identification of the
voice of the speaker. Where the voice has been denied by the speaker, it will require
very strict proof to determine whether or not it was really his voice.

2) the accuracy of the ape recorded statement has to be proved by the maker of the
record
by
satisfactory
evidence,
direct
or
circumstantial.
3) Every possibility of tampering with or eraser of a part of a tape recorded statement
must be ruled out otherwise it may render the said statement out of context and ,
therefore,
inadmissible.
4) the statement must be relevant according to the rules of evidence act.
5) the recorded cassette must be carefully sealed and kept in safe or official custody.
6) The voice of the speaker must be clearly audible or not lost or distorted by other
sounds
or
disturbances
.
A taped conversation, not compared with the voice, was not allowed as evidence.
10.
COPY

Copies

made

from

or

compared

with

original
-

Copies made from the original or copies compared with the original are admissible as
secondary evidence. A copy of a copy then compared with the original , would be
received
as
secondary
evidence
of
the
original.
A copy of a certified copy of a document, which has not been compared with the
original, cannot be admitted in evidence, such a copy being neither primary or
secondary
evidence
of
the
contents
of
the
original.
When a document is an accurate or true and full reproduction of the original, it would be
a
copy.
To admit secondary evidence, it is not sufficient to so merely that the original document
is lost; the secondary evidence itself must be of the nature described in section 63.a
true copy of a document will not be admissible under section 63, unless it is shown
that
it
had
been
made
from
or
compared
with
the
original.
Ordinary copy of a sale deed cannot be admitted as secondary evidence but copies of
sale deeds of acquired land are admissible in evidence, provided the parties to the
document
are
examined
to
prove
the
document.
The supreme court dealing with section 14 of Arbitration Act, explained the meaning of
expression signed copy of award and observed;Signing means writing ones name on
some document or paper; so long as there is a signature of arbitrator or umpire on the
copy of the award filed in court, and it showed that the person signing, authenticated
the accuracy or correctness of the copy, the document would be a signed copy of the
award; it would in such circumstance be immaterial whether the arbitrator or umpire
puts down the words certified to be true copy before signing the copy of the award
above his signature; when a document is an accurate or true and full reproduction of
the
reproduction
of
the
original
it
would
be
a
copy.
Where the plaintiff in a suit for ejectment, produced a copy of the notice to quit , in

proof of the fact that the notice was valid, and original was in possession of other party,
and the plaintiff swore that it was a true copy of the original, it was held that it was not
necessary that the scribe of the copy should be produced, and anyone who had heard
the original and the copy read out to him, might swear that the contents of the two are
identical
and
it
would
be
admissible,
Where a handwritten copy of the adoption deed was tendered in evidence in the
absence of evidence as to who made the copy , from what it was made, or whether it
was
compared
with
the
original,
it
must
be
disregarded.
Section

63(3)

copy

copy

refers
made
compared

to

those
from
with

types

of

copies;

original;

the

original.

A copy falling under wither of the two heads will be admissible as secondary evidence.
The original dying deceleration was lost. A head constable who maintained a copy
testified to its accuracy. This was allowed as corroborative evidence.
A certificate as to date of birth, on the basis of an entry in the register of a church
maintained in the regular course, is not admissible. Where a copy of a report, which was
typed by a typist, was not a copy typed by him was nor was it a carbon copy it was held
not admissible as secondary evidence. An abstract translation or a complete translation
of a document is not copy mad from and compared with the original within the
meaning of this clause a copy of the original letter addressed by the government to the
commissioner, prepared privately by a party at the time of inspection of relevant file,
was held not secondary evidence of the original letter. Where a defendant did not state
anywhere In his evidence or produce evidence of the document tendered is a copy
made from the original, or that it was compared with the original , and when he failed to
prove by evidence the conditions for invoking section 63 , it was held that the document
tendered could not be receiver under section 63 (1) or (2) or (3) of the evidence act.
Where a printed copy purports to bear the signature of the candidates agent in an
election, it was held that the candidates signature does not establish the fact that he
really signed it, when the original was not proposed by the printer and proprietor of the
press
where
the
copies
were
printed,
When a document was admitted without objection, it was held that omission to object to
its omission implied that it was a true copy and it was not opened to the appellate court
to consider whether the copy was properly compared with the original or not.
An entry in a deed-writers register , which contains all the essential particulars
contained in the document itself and is also signed or thumb marked by the person
executing the document amounts to a copy and is admissible in evidence.

Where a draft of a document is made and on that basis an original is prepared it was
held that the draft cannot be treated as secondary evidence but the Kerala high court
has held that a draft can be accepted in evidence if there is proof that the original has
been prepared without any corrections and that it is an exact copy of the draft.
The Allahabad high court has similarly held that section 63 is not exhaustive of all types
of secondary evidence. It , therefore, allowed the draft notice from which the final notice
was
prepared
to
be
produced
as
secondary
evidence.
It is not necessary for the proof of the bye-laws of a company, that the original copy of
the bye-laws bearing any mark of the approval of the board of directors be produced.
The
bye-laws
can
be
proved
by
other
evidence.
11.
Counterparts
Execution of a document in counterparts has already been explained while dealing with
explanation 1 to section 62. counterpart of document are primary evidence as against
the parties executing them under section 62 whereas under this clause they are
secondary evidence as against the parties who did not execute the.
12.
Oral
accounts
This is last clause enable oral account of the content of a document being as secondary
evidence. The oral account of the content of a document given by a person who has
merely seen it with his own eyes, but not able to read it is not admissible as secondary
evidence. The word seen in clause 5 of this section means something more than the
mere sight of the document, and this contemplates evidence of a person who having
seen and examined the document is in a position to give direct evidence of the content
their of. An illiterate person cannot be one who has seen the document within the
meaning of the section. In Pudai Singh v. Brij Mangai, allahbad HC held that as regards
the letting in of secondary evidence the word seen in this section includes read over in
the case of a witness who is illiterate and as such cannot himself read it, if it is read
over to him, it will satisfy the requirement of the section. But this ruling was not
accepted by HC oral account of the content of a document by some person who has
himself sent it. Oral account given by an illiterate person will be hearsay evidence and
excluded
by
section
60.
13.
Registration
copy
Where the plaintiff took step to produce original will but it was not produced by the
parties in whose possession it was, it was held that the registration copy of the will
which
she filed, was
admissible in
evidence as
secondary
evidence.
14.
Unprobated
will
Unprobated will can be admitted in evidence for collateral purpose in any other
proceeding
apart
from
probate
proceedings.
15.
Age
certificate
The age certificate issued by head master of a school on the basis of admission from

was

held

to

be

not

primary

but

secondary

evidence.

16.
Voters
list
A voters list is not a primary evidence of date of birth but a secondary evidence which
was
held
in
Mustafa
v.
Khurshida
17.
Newspaper
report
A news item published in a news paper is at best a second-hand secondary evidence. A
fact has to be alleged and proved and then newspaper reports can be taken in support
of
it
but
not
independently.
Conclusion
Secondary evidence is the evidence, which may be given under certain circumstances
in the absence of better evidence. The general rule is that the secondary evidence is
not allowed to be given until the non production of the primary evidence. This thing is
discussed in above mention types of secondary evidence whether they are admissible in
which
conditions.
The outcome of hypothesis is half true and remaining is not true. The secondary
evidence is admissible in certain conditions only but its evidential value dose not
change if admissible in court.