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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The law restricts secondary evidence to specific forms, such as certified copies, mechanically made copies, or copies compared with the original, and prohibits oral accounts as proof of the contents ["Sai Resource Pvt. Ltd. VS Aspire Techno Engineers - Andhra Pradesh"], ["SHAFIYABEGUM SHAHANAWAZ QURESHI vs MANISHA RAVINDRA MODI AND ANOTHER - Bombay"], ["Vishnu Pratap Singh, S/o. Late Prasanath Singh VS Mukteshwar Rai, S/o. Sankatha Rai - Chhattisgarh"].
Analysis and Conclusion:
In legal proceedings, documents are the backbone of evidence. But what happens when the original document is lost, destroyed, or unavailable? Many litigants ask: how to substitute original with copy in evidence? Under Indian law, particularly the Indian Evidence Act, 1872, substituting an original with a copy is possible but strictly regulated. This blog explores the principles, conditions, and judicial insights to guide you through this process.
Important Disclaimer: This article provides general information based on legal precedents and is not a substitute for professional legal advice. Consult a qualified lawyer for your specific case.
The Indian Evidence Act prioritizes primary evidence, defined as the document itself produced for the court's inspection (Section 62). As established, The original document must generally be proved by primary evidence, i.e., the document itself R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple - 2003 8 Supreme 193.
However, secondary evidence—such as photocopies, certified copies, or mechanical reproductions—can substitute under specific conditions (Sections 63 and 65). Primary evidence rules are not absolute; copies can even qualify as primary if signed or executed in a manner that makes them equivalent to the original, such as when both parties sign both the original and the copy after comparing them R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple - 2003 8 Supreme 193.
Secondary evidence includes:- Certified copies given by legal custodians.- Copies made from the original by mechanical processes ensuring accuracy (e.g., photocopies).- Copies compared with the original or a compared copy R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple - 2003 8 Supreme 193.
Illustrations from case law clarify: a photograph of an original even if not compared with original may be a secondary evidence if what was photographed was the original; (b) a copy compared with a copy made by a copying machine from the original is a secondary evidence Hindustan Petroleum Corporation Limited VS Badri Nath Khanna - 2014 Supreme(All) 3109. But beware: Such a copy of a copy i.e. after second copy not compared with the original is not evidence because mistakes may have crept up in a second transcription Tripura State Electricity Corporation Ltd. VS Dipika Dasgupta(Deb) W/o Lt. Tapash Deb. - 2018 Supreme(Tri) 140.
Courts allow substitution only when foundational facts are proven. Key requirements include:
Indian courts have shaped these rules through precedents:
Loss of Originals: When originals are untraceable, like a business transfer agreement, courts evaluate under Section 65: the trial court's refusal based on precedent cases - The court evaluates scenarios for admitting secondary evidence when originals are lost Palakurthi Raja Gopala Rao VS Chaluvadi Krishna Prasada Rao - 2024 Supreme(AP) 1504. The revision was allowed, emphasizing trial efficiency.
Certified Copies as Substitutes: In a money suit post-company amalgamation, certified copies of Form 32 were permitted late: the petitioner could obtain the certified copy of document Nos. 3, 4 & 5, which were to be submitted as document Nos. 13, 14 & 15 Varun Beverages Limited VS Bakskish Enterprises - 2023 Supreme(Gau) 892.
Strict Proof Requirements: Photocopies fail without comparison: The photocopy of the letter dated 18.10.2007 cannot be relied upon even as a secondary evidence Hindustan Petroleum Corporation Limited VS Badri Nath Khanna - 2014 Supreme(All) 3109. Similarly, in a fatal accident claim, copies needed formal proof Tripura State Electricity Corporation Ltd. VS Dipika Dasgupta(Deb) W/o Lt. Tapash Deb. - 2018 Supreme(Tri) 140.
Possession and Agreement Cases: In land disputes, photocopies of sale agreements were inadmissible without proper foundation: the photocopy of the agreement for sale was not admissible as primary evidence Radhey Shyam Saxena (Deceased) S/o Sri Shankar Lal Saxena VS Sub Divisional Magistrate/Collector 1St Class, Kichcha Rudrapur, Nainital and Others - 2012 Supreme(All) 580.
These cases underscore: The courts have emphasized that secondary evidence is admissible only when the non-production of the original is justified and properly accounted for, and when the copy is authenticated as true Vijay VS Union of India - 2023 0 Supreme(SC) 1179Kaliya VS State of Madhya Pradesh - 2013 0 Supreme(SC) 673.
To successfully substitute an original with a copy:1. Attempt to Produce Original First: Always prioritize the original; secondary evidence is exceptional.2. Lay Proper Foundation: File affidavits or lead evidence proving loss/destruction, custody, and copy accuracy. Include newspaper notices of loss if applicable Chandreshbhai Dhanrajbhai Jethani VS Mihirbhai Bhikhabhai Virani - 2024 Supreme(Guj) 966.3. Authenticate Thoroughly: Get certifications, witness comparisons, or mechanical process proofs.4. Seek Provisional Marking: Request tentative exhibition to avoid delays Palakurthi Raja Gopala Rao VS Chaluvadi Krishna Prasada Rao - 2024 Supreme(AP) 1504.5. Object Timely: Opposing parties should raise admissibility objections early R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple - 2003 8 Supreme 193.6. Avoid Chain-of-Copy Errors: Ensure direct linkage to original; avoid uncompared multi-generation copies Tripura State Electricity Corporation Ltd. VS Dipika Dasgupta(Deb) W/o Lt. Tapash Deb. - 2018 Supreme(Tri) 140.
When substituting an original with a copy, ensure that the copy is properly authenticated, signed, or executed in a manner that makes it equivalent to primary evidence Vijay VS Union of India - 2023 0 Supreme(SC) 1179.
In summary, while originals reign supreme, copies can substitute when legal hurdles are cleared. Properly handled, they uphold justice without compromising integrity. For tailored guidance, reach out to a legal expert.
References:- R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple - 2003 8 Supreme 193, Kaliya VS State of Madhya Pradesh - 2013 0 Supreme(SC) 673, Vijay VS Union of India - 2023 0 Supreme(SC) 1179, Dhanpat VS Sheo Ram (Deceased) through LRs. - 2020 3 Supreme 592, Palakurthi Raja Gopala Rao VS Chaluvadi Krishna Prasada Rao - 2024 Supreme(AP) 1504, Varun Beverages Limited VS Bakskish Enterprises - 2023 Supreme(Gau) 892, Chandreshbhai Dhanrajbhai Jethani VS Mihirbhai Bhikhabhai Virani - 2024 Supreme(Guj) 966, Tripura State Electricity Corporation Ltd. VS Dipika Dasgupta(Deb) W/o Lt. Tapash Deb. - 2018 Supreme(Tri) 140, Hindustan Petroleum Corporation Limited VS Badri Nath Khanna - 2014 Supreme(All) 3109, Radhey Shyam Saxena (Deceased) S/o Sri Shankar Lal Saxena VS Sub Divisional Magistrate/Collector 1St Class, Kichcha Rudrapur, Nainital and Others - 2012 Supreme(All) 580.
#IndianEvidenceAct #SecondaryEvidence #CourtEvidence
33.7 When the copies are produced in the absence of the original document, they become good secondary evidence. Still, there must be foundational evidence that the alleged copy is a true copy of the original. ... It must be ensured that the alleged copy is a true copy of the original. 12. ... A reading of Section 65(a) of the Evidence Act displays the following: a. Secondary evidence can be prese....
33.7 When the copies are produced in the absence of the original document, they become good secondary evidence. Still, there must be foundational evidence that the alleged copy is a true copy of the original. ... But the contents of the documents sought to be marked as secondary evidence cannot be admitted in evidence without production of the original document. Under no circumstances can secondary evidence be adm....
In this context it is to be noted that certified copy issued thereunder is not a copy of the original document, but is a copy of the registration entry which is itself a copy of the original and is a public document under Section 74(2) of the Evidence Act and Sub-section (5) thereof, makes it admissible ... in evidence for proving the contents of its original.” ... and the mere production of such copy without any f....
In the course of the suit, the petitioner filed IA No.379 of 2022 requesting the Court to consider the photostat copy of the business transfer agreement dated 28.03.2018 as secondary evidence and receive the same in evidence since the original document was not traceable. ... When so recast, the practice which can be a better substitute is this : Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence#HL....
Muhammad Syed Ali Matwali Mirza, 1935 SCC Online PC 56] 33.7 When the copies are produced in the absence of the original document, they become good secondary evidence. Still, there must be foundational evidence that the alleged copy is a true copy of the original. [H. ... A reading of Section 65(a) of the Evidence Act displays the following: (a) Secondary evidence can be presented as a substitute when the original#HL_END....
The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original.” (H. ... When the copies are produced in the absence of the original document, they become good secondary evidence. Still, there must be foundational evidence that the alleged copy is a true copy of the original. [H. Siddiqui v. A. ... The original ....
PW-17’s evidence is that A R Mazarbhuyan was reinstated in the original post. ... There is no evidence that Satyan Deka conspired with the appellant or paid money to substitute the page 9 of the said order. The I/O of this case, i.e. ... P.W.-17 was working as a Substitute LDA, Block Elementary Education Office at Silchar, in place of A. R. Mazarbhuiyan at that relevant time, he came to know from a newspaper that A. R. Mazarbhuyian had been reinstated in his original post in the same o....
The document Nos. 13, 14 & 15 in the list are only the certified copies of Form 32, dated 24.06.2000, dated 21.08.2000, & dated 14.11.2000, which are only the substitute of the document Nos. 3, 4 & 5 as the original or the certified copy could not be filed earlier at the time of filing those document ... , 4 & 5 and after much difficulties, the petitioner could obtain the certified copy of document Nos. 3, 4 & 5, which were to be submitted as document Nos. 13, 14 & 15. ... After the amalgamation of original#HL_....
The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original. ... receipt dated 21/03/2009 of advertisement stating original documents lost in ‘Akila’ newspaper, original/certified copy of proposed public notice, office copy of query list of Advocate Devmurari and certified copy of Utrotar Title deeds along with other documentary eviden....
... (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 photograph or machine copy#HL_END....
Such a copy of a copy i.e. after second copy not compared with the original is not evidence because mistakes may have crept up in a second transcription; even there is the same possibility in respect of the past copy. 25. Illustration (c) of Section 63 of the Evidence Act lays down that copy transcripted from a copy but afterwards compared with the original, is secondary evidence because on account of its comparison with the original it becomes itself and immediate copy; but if it is not compared with the original it is not a secondary evidence although the document from which it w....
The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact true copy of the original. The Court is required to decide the question of admissibility of a document in secondary evidence before accepting the evidence. He argued that secondary evidence relating to the contents of the documents is admissible if it is proved in consonance with sections 63 and 65 of the Indian Evidence Act.
These have been illustrated thereunder as (a) a photograph of an original even if not compared with original may be a secondary evidence if what was photographed was the original : (b) a copy compared with a copy made by a copying machine from the original is a secondary evidence ; (c) a copy transcribed from a copy and compared with original is a secondary evidence, but the copy not so compared with the original, though copied from a copy so compared with the original is not a secondary evidence ; (d) either an oral account of a copy compared with the original, nor an oral account of a phot....
These have been illustrated thereunder as (a) a photograph of an original even if not compared with original may be a secondary evidence if what was photographed was the original; (b) a copy compared with a copy made by a copying machine from the original is a secondary evidence; (c) a copy transcribed from a copy and compared with original is a secondary evidence; but the copy not so compared with the original, though copies from a copy so compared with the original is not a secondary evidence; (d) neither an oral account of a copy compared with the original, nor an oral account of a photog....
Now let us see whether it can come within the definition of secondary evidence. 8. As prescribed in Section 63 of the Evidence Act, secondary evidence includes (1) certified copies; (2) copies made from original by mechanical process which in themselves insure the accuracy of the copy and copies compared with such copies;(3) copies made from a compared copy and compared with the original. These have been illustrated thereunder as (a) a photograph of an original even if not compared with original may be a secondary evidence if what was photographed was the original; (b) a c....
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