SECONDARY EVIDENCE

Querist : Anonymous (Querist) 17 November 2009 This query is : Resolved
IS PHOTOSTAT COPIES ARE ADMISSIBLE AS SECONDARY EVIDENCE ? PHOTOSTAT COPIES ARE ATTESTED FROM ANOTHER PHOTOCOPY(WHICH IS NOT CLEAR WHETHER IT IS A COPY FROM ORIGINAL OR FROM FURTHER PHOTOCOPY).CAN JUDGE GIVE IT'S OPINION IN THE JUDGMENT AND HELD A PERSON LIABLE(UNDER CRIMINAL LAW) IF COURT IS NOT SURE ?

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G V S Jagannadha Rao (Expert) 19 November 2009
1. Subject to proof and relevancy, a photocopy may be admitted as secondary evidence.

2. A copy of copy is not admissible.

3. Unless there is a specific allegation of fabrication of evidence the judge may not hold a person liable under criminal law on the issue of source of secondary evidence. At the most, the evidence may be brushed aside without consideration. This issue however depends more of facts and circumstances of your case.

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