original public document destroyed
manoj
(Querist) 29 January 2011
This query is : Resolved
what will happen if the original document be lost or destroyed by the department for which certified copies are not allowed in law . xerox copy is on court file , can a xerox copy be used in place of original under such circumstances if the summoned person from the department makes the statement along with proof that the document is destroyed in retention and disposal process can the xerox be treated as original.
thank you.
Advocate. Arunagiri
(Expert) 29 January 2011
Secondary evidence is permissible under the narrated circumstances.
manoj
(Querist) 29 January 2011
thanks for your opinion sir ... will you please clarify that can a photocopy or xerox copy be treated as secondary evidence under law.
Ahmed Daud Girach
(Expert) 30 January 2011
If the summoned person can say that the xerox is similar to original than it can be admissible in evidence.
Ajay Bansal
(Expert) 30 January 2011
There are contradictory views of High Courts on this issue.
Advocate. Arunagiri
(Expert) 30 January 2011
Please see the 65 C of the IE Act.
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.
