Treating doc. as Secondary evidence

manoj (Querist) 13 March 2011 This query is : Resolved
I have a query that the primary evidence of private document in public custody is destroyed by the department due to document retention policy . The department has submitted the destruction certificate of the documents in court and the photocopy is on court file and it contains endorsement of the concerned department official along with the person executed the document not in original but as photocopy only so what is the procedures of treating the photocopy of the endorsed document as secondary evidence any suggestions or any judgement for considering secondary evidence in absence( lost or destroyed) of original document

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Guest (Expert) 14 March 2011
The respondent can insist for verification of the document by production of the original one, which won't be feasible when the original document is already destroyed.

manoj (Querist) 14 March 2011
Thanks , but sir then what option left with the plaintiff to place the copies as secondary evidence

M V Gupta (Expert) 15 March 2011
Your case is covered under the provisions of Sec. 63 of the Evidence Act In particular illustration 1 given under the Section, which reads - " A photo copy of the original is the secondary evidence of the contents, though the two have not been compared, if it is proved that the thing photographed was the original". Hence u can claim for trearting the copy as the secondary evidence of the document.

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