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secondary evidence

English · Evidence

Meaning. Evidence of the contents of a document other than the original, such as certified copies or oral accounts.

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

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