Document admission
Querist :
Anonymous
(Querist) 04 October 2011
This query is : Resolved
can a document a certified copy admitted in evidence after opposite party is sent notice to produce and failed in producing original.
Arun Kumar Bhagat
(Expert) 04 October 2011
Yes it is admitted. Section 63 to 67 of Indian Evidence Act deal with documentary evidence.
Daksh
(Expert) 04 October 2011
I agree with Mr.Arun
Daksh
Sailesh Kumar Shah
(Expert) 04 October 2011
Extract of Section 63 to 67:-
63. Secondary Evidence - Secondary evidence means and includes.
1. Certified copies given under the provisions hereinafter contained;
2.Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy and copies compared with such copies;
3.Copies made from or compared with the original;
4.Counterparts of documents as against the parties who did not execute them;
5.Oral accounts of the contents of a document given by some person who has himself seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence, but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a photo graph or machine copy of the original, is secondary evidence of the original.
64. Proof of documents by primary evidence - Documents must be proved by primary evidence except in the cases hereinafter mentioned.
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.
66. Rules as to notice to produce- Rules as to notice to produce. Secondary evidence of the
contents of the documents referred to in section 65, clause (a), shall
not be given unless the party proposing to give such secondary
evidence has previously given to the party in whose possession or
power the document is, 1*[or to his attorney or pleader,] such notice
to produce it as is prescribed by law; and if no notice is prescribed
by law, then such notice as the Court considers reasonable under the
circumstances of the case:
Provided that such notice shall not be required in order to
render secondary evidence admissible in any of the following cases, or
in any other case in which the Court thinks fit to dispense with it:--
(1) when the document to be proved is itself a notice;
(2) when, from the nature of the case, the adverse party
must know that he will be required to produce it;
(3) when it appears or is proved that the adverse party has
obtained possession of the original by fraud or force;
(4) when the adverse party or his agent has the original in
Court;
(5) when the adverse party or his agent has admitted the
loss of the document;
(6) when the person in possession of the document is out of
reach of, or not subject to, the process of the Court.
67. Proof of signature and handwriting of person alleged to have signed or written document produced - If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person's handwriting must be proved to be in his hand writing.
Now,you can understand easily.
Sankaranarayanan
(Expert) 04 October 2011
yes if the original document is not available then the secondary can be used as a document. Mr shah explained with pasting of section 63 to 67.
prabhakar singh
(Expert) 04 October 2011
the only choice left to prove is by secondary evidence as original can not be brought by you being in others' custody.
Raj Kumar Makkad
(Expert) 04 October 2011
Yes. Duly given reliance to such evidence.
