IQBAL (PRIVATE JOB) 09 September 2026

Secondary/electronic evidence

Since the original, although unregistered, agreement dated 22.09.2019 is no longer available, and its photograph was taken on the same day from the original signed document using a mobile phone and was subsequently sent to the Gmail accounts of four persons, can we present the said photograph and the related Gmail/electronic record before the court in support of our main defence and file an application to have them admitted and exhibited as secondary/electronic evidence?
Whether any additional formalities or witnesses will be required for the admissibility and proof of the loss of the original document, the connection of the photograph with the original, the records of all four Gmail recipients, and the electronic evidence certificate?

Reply Follow

Quick Summary

This discussion explores the admissibility of electronic evidence in court when the original document is unavailable. Specifically, it questions whether a photograph of an unregistered agreement, sent via email to multiple recipients, can be presented as secondary evidence. The query also seeks guidance on the necessary formalities, witnesses, and procedures required to prove the loss of the original document and authenticate the electronic records for court exhibition.

5 Replies

Shashi Dhara 09 September 2026

File application along with affidavit suit on lost document with photostat copy and prove it in court it is copy of original.

Dr. J C Vashista (Advocate ) 10 September 2026

Various types of queries have already been posted and responded by the experts, some of them as obseerved from your profile, are:

posted a new topic in forum Secondary/electronic evidence

posted a new topic in forum Segmented partition

replied to a topic in forum Query regarding binding effect of family settlement without signature

posted a new topic in forum Query regarding binding effect of family settlement without signature

posted a new topic in forum Framing of issues

replied to a topic in forum Proof and exhibition of old passport & visa documents in civil court

posted a new topic in forum Proof and exhibition of old passport & visa documents in civil court

posted a new topic in forum Jurisdiction for poa

Read more at: https://www.lawyersclubindia.com/profile.asp?member_id=414942

What is your actual concern /issue /problem for consideration and obligation of experts ?

Advocate Bhartesh goyal (advocate) 10 September 2026

You have to file application u/sec 60 of Bhartya Sakshya Adhiniyam alongwith affidavit stating therein that original document has been lost and not avalable and seek permission to admit the photocopy of document in evidence.

T. Kalaiselvan, Advocate (Advocate) 10 September 2026

You can present the photograph and the related Gmail records in court to support your defense, but doing so requires strict compliance with statutory procedures for proving both the loss of the primary document and the authenticity of secondary/electronic records.

Because the photograph was taken on a mobile phone and transmitted/stored digitally via email, the court will treat this material as secondary electronic evidence.

Under civil/criminal evidence rules (Section 65 of the Indian Evidence Act, 1872 / Section 60 of the Bharatiya Sakshya Adhiniyam, 2023), you must first move an application seeking leave of the court to adduce secondary evidence. You must establish that the original unregistered agreement was lost, destroyed, or is beyond retrieval despite due diligence.