secondary evidence
The general rule is that a document must be proved by primary evidence, that is, the original. Secondary evidence includes certified copies, copies made by mechanical processes that ensure accuracy, copies compared with the original, counterparts against parties who did not execute them, and oral accounts of the contents by a person who has seen the document. The BSA adds oral and written admissions and the evidence of a person who has examined a document not conveniently examined in court.
Secondary evidence is admissible only in the cases listed by law, for example where the original is lost or destroyed, is in the possession of the opposite party who fails to produce it after notice, or is a public document. The party must first lay the foundation for admitting it.
Example
Since the original agreement was proved to have been lost in a fire, a photocopy compared with it was admitted as secondary evidence.
In Indian law
- Sections 58 and 60, Bharatiya Sakshya Adhiniyam, 2023 (old ss.63 and 65, Indian Evidence Act, 1872)
See also
primary evidence · best evidence rule · documentary evidence · certified copy
Read more in the study notes
- History and evolution of banking in India (Banking Law)
- Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
- Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)
- Penal provisions for dishonour of cheques (ss.138-148) and the Bankers' Books Evidence Act, 1891 (Banking Law)
- Criminal procedure: meaning, background and salient features of the BNSS (Bharatiya Nagarik Suraksha Sanhita)
- Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)