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2015 0 Supreme(SC) 1058 : Under Section 65 of the Indian Evidence Act, 1872, secondary evidence may be admitted in the form of a copy, duplicate, or photocopy of a document, including a photocopy of a photocopy, provided that the foundational evidence establishes that the copy is a true and accurate reproduction of the original. The court held that the trial court correctly admitted a photocopy of the letter of disclaimer (Exhibit DW-2/B) produced from the custody of the Defence Estate Officer (DEO), Ambala, as secondary evidence, even though it was a photocopy of a photocopy, because the witness who produced it was examined and identified the document, thereby satisfying the requirement of authentication. The Supreme Court emphasized that secondary evidence may be adduced in any form available, including photocopies, as long as the authenticity and accuracy of the copy are established through foundational evidence, and that the exceptions to the primary evidence rule are designed to provide relief where the original cannot be produced through no fault of the party.Checking relevance for Manish Mahajan VS Devi Shankar...
2022 0 Supreme(Raj) 1386 : A photocopy of a photocopy is inadmissible as secondary evidence under Section 63(3) of the Evidence Act, 1872, unless it is endorsed that it was prepared from the original agreement or compared with the original copy, and unless foundational evidence is provided to authenticate it as a true copy of the original. The admissibility of photocopies as secondary evidence is contingent upon meeting the requirements of Section 63(3) and the need for foundational evidence to authenticate the alleged copy as a true copy of the original.Checking relevance for Swetabh Suman VS State of Uttarakhand...
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2021 0 Supreme(MP) 633 : The admissibility of a photocopy of a photocopy (i.e., a secondary copy of a secondary document) is not directly addressed in the provided judgment. However, the judgment establishes that secondary evidence, including photocopies, is only admissible if the conditions under Section 63 of the Indian Evidence Act are satisfied, particularly that the photocopy was made by mechanical means from the original and compared with the original. Since the prosecution failed to establish that the photocopies were made mechanically and compared with the original, the conditions for secondary evidence under Section 65 were not met. Therefore, the question of admitting a photocopy of a photocopy does not arise, as the foundational requirement for even the first-level photocopy was not fulfilled. The judgment emphasizes that secondary evidence must be authenticated by foundational evidence proving it is a true copy of the original, and mere admission of a document in evidence does not amount to proof. Thus, a photocopy of a photocopy would be inadmissible unless the original document is accounted for and the chain of reproduction is properly established under Sections 63 and 65.Checking relevance for Kulbir Singh Chhabra VS State of Rajasthan...
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