Admissibility of xerox copy of documents submitted on affidavit
Rupendra Porwal
(Querist) 22 September 2014
This query is : Resolved
Would the photocopy/xerox copy of documents submitted in civil case being annexures of the affidavit for submission of evidence be accepted as valid evidence whereas affidavit itself is not an evidence as per section 3 of evidence act?
Please suggest legal position and how should be taken up further.
BAALASUBRAMANNYAMM
(Expert) 22 September 2014
Generally, Photocopy/Xerox copy of any document filed before the court, would not be marked, unless and untill the defendant accepts.But the court can take the said copies on record, even simply filing either with a Memo or an Affidavit.
ajay sethi
(Expert) 22 September 2014
agree with Mr baala
Advocate. Arunagiri
(Expert) 22 September 2014
Secondary evidences are permitted subject to the conditions imposed in Evidence act.
IEA S.65. Cases in which secondary evidence relating to documents may be given - Secondary evidence may be given of the existence, condition or contents of a document in the following cases:
(a) When the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it;
(b) When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;
(c) When the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;
(d) When the original is of such a nature as not to be easily movable;
(e) When the original is a public document within the meaning of Section 74;
(f) When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence;
(g) When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collections.
In cases (a), (c) and (d), any secondary evidence of the contents of the documents is admissible.
In case(b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.
In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.
T. Kalaiselvan, Advocate
(Expert) 30 September 2014
Well explained about secondary evidence. What is your case, whether you are objecting it or whether you are filing the photocopies yourself?, throw some more light for a better opinion.
