AI Overview...
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Secondary Evidence - Admissibility and Conditions
The law permits the use of secondary evidence, such as certified copies, when the original document cannot be produced, provided the party lays a proper foundation and there is no default or neglect in producing the original. The Court must be satisfied that the secondary evidence is faithful and reliable. Certified copies of public documents are generally admissible under Section 65 of the Evidence Act, especially when the original is unavailable or cannot be produced due to circumstances beyond the party's control State of Kerala VS Sunil N. S. @ Pulsar Suni S/o Surendran - Kerala, Datti Kameswari VS Singam Rao Sarath Chandra - Andhra Pradesh, B. M. Keshavappa VS K. M. Jayarama Reddy - Karnataka, Datti Kameswari VS Marrapu Lakshmunaidu - Current Civil Cases, Sathyan VS Krishnankutty - Kerala. -
Limitations on Creating or Producing Documents
The power to direct a person to produce a document does not extend to compelling the creation of a document; the document must already exist and be available for production. The Court cannot order the creation of a document solely for evidentiary purposes. Additionally, the production of documents like thumb impression books or electronic records requires proper foundation and adherence to legal provisions Binoy Sharma VS Nagendra Nath Sharma - Gauhati. -
Electronic and Digital Evidence
Electronic records, including CDs and digital files, can be admitted as secondary evidence under specific conditions. The Evidence Act recognizes electronic documents, and courts may allow their production without the original, provided the conditions under Section 65-B are satisfied. However, hearsay or inadmissible electronic information cannot be accepted as evidence. Proper certification and compliance with legal standards are necessary for electronic evidence to be accepted ARJUN PANDITRAO KHOTKAR VS KAILASH KUSHANRAO GORANTYAL - Supreme Court, Pramod E K VS Louna V C - Current Civil Cases. -
Special Cases and Exceptions
Certain documents, such as cassette recordings or public records, require specific proof of authenticity. The mere production of such documents does not suffice; their contents must be proved, and the documents must meet the criteria for secondary evidence. In cases involving public documents, certified copies are generally accepted, but the original must be unavailable or cannot be produced due to valid reasons Tukaram S. Dighole VS Manikrao Shivaji Kokate - Supreme Court.
Analysis and Conclusion
The document from Light to Information Cannot Produce in Secondary Evidence emphasizes that secondary evidence is permissible only when the original document is unavailable, and proper legal conditions are met. The Court's role is to ensure the authenticity and faithfulness of the secondary evidence, such as certified copies or electronic records, while prohibiting the creation or production of documents solely for evidentiary purposes. Electronic evidence is increasingly recognized, but strict adherence to statutory provisions is essential for its admissibility. Overall, secondary evidence serves as a vital substitute when original documents cannot be produced, provided the legal requirements are strictly observed.
Search Results for "The Document of from Light to Information Cannot Produce in Secondary Evidence"
2022 0 Supreme(Ker) 9 • India - Kerala
KAUSER EDAPPAGATH
True, ordinarily, the said power cannot be stretched to direct a person to create a document and to produce the same - Section 65B ... evidence. ... evidence amount to its proof nor mere marking of an exhibit of a document dispense with its proof which is otherwise required to ... True, ordinarily, the said power cannot be stretched to direct a person to create a document and to produce the same. The document must ....
2015 0 Supreme(AP) 797 • India - Andhra Pradesh
A.RAMALINGESWARA RAO
admissible as secondary evidence so long as the Court has no reason to doubt that the said certified copies are not faithful and ... of such copies is permissible only after laying a foundation for acceptance of secondary evidence under clauses (a) (b) or (c) of ... copies, whereas in C.R.P. documents now sought to be produced are true copies of registered sale deeds, they can be marked as secondary ... A certified copy of the sale deed can also be offered as #HL_STAR....
2018 0 Supreme(Gau) 593 • India - Gauhati
MIR ALFAZ ALI
Act for issuing notice to produce document afresh in light of observations made herein above – Petition dismissed ... With regard to prayer for notice to produce thumb impression book Magistrate observed that there was no evidence with regard to ... Criminal Procedure Code - Section 482 - Evidence Act, 1872 - Section 66 – Alleged – Evidence – Witness - ... Self incrimination must mean conveying information based upon the personal knowledge of the pe....
2019 0 Supreme(Kar) 796 • India - Karnataka
G.NARENDAR
of secondary evidence relating to documents. ... the secondary evidence inadmissible. ... The court emphasized that the inability to produce the original document should not be due to the party's own default or neglect. ... At the same time, the party has to lay down the factual foundation to establish the right to give secondary evidence where the original document cannot be produced#HL....
• India - Current Civil Cases
A.RAMALINGESWARA RAO
designated Information Officer can be taken as certified copies of public documents. ... records of particular Department — Production and marking of such copies permissible only after laying foundation for acceptance of secondary ... Evidence Act, 1872 — Section 65 — Certified Copy — Xerox copy certified by designated PIO under RTI Act of private documents — HELD ... A certified copy of the sale deed can also be offered as secondary evidence under Clause (c) of Secti....
2025 Supreme(Online)(Tel) 15917 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA, J
but had photocopies already - Court held filing for summons was unnecessary - Secondary evidence permissible where originals not ... produced. ... must be based on clear reasoning - The presence of prior copies negates need for third-party document summons, thus ensuring judicial ... When the respondents failed to produce the documents, the petitioner became entitled to lead secondary evidence, subject to proof of due notice and the documen....
2010 1 Supreme 502 • India - Supreme Court
D.K.JAIN, P.SATHASIVAM
document. ... of the appellant that since the cassette is a “public document”, as defined in Section 74 of Evidence Act, its mere production was ... of the cassette was not proved and it could not be read in evidence despite the fact that the cassette is a public document- No ... However, clause (e) of Section 65, which enumerates the cases in which secondary evidence relating to documents may be given, carves out an exception to the extent that when....
2020 4 Supreme 405 • India - Supreme Court
ROHINTON FALI NARIMAN, S.RAVINDRA BHAT, V.RAMASUBRAMANIAN
primary evidence and latter being secondary evidence – An application can always be made to a Judge for production of such a certificate ... evidence – Admissibility of CDs in evidence in election petition – Any information that is contained in an electronic record which ... of conditions mentioned in the Section, “deemed document” now becomes admissible in evidence without further proof or production ... Secondary evidenc....
• India - Current Civil Cases
C.K.ABDUL REHIM, T.V.ANILKUMAR
—Order XXVI Rule 10-A—Secondary evidence—Law on—Proceeding before Family Court—Riotous dialogue in the CD—Proof of—Electronic document ... applies to electronic documents-freedom of partial departure from the Evidence Act helps the Family Courts prevent valuable information ... 65-B(4)—Hearsay which is inherently inadmissible cannot be therefore acknowledged as an evidence in any proceeding before a Family ... Under Section 65-B(4), seconda....
2015 0 Supreme(Ker) 1216 • India - Kerala
P.B.SURESH KUMAR
Indian Evidence Act 1872 - Section 65 - Admission - Secondary Evidence - Certified Copy of Public Document ... States that only certified copy of original is admissible as secondary evidence when original is public document is a provision ... - Whether the clarification given in respect of the cases coming under clause (c) of S.65 applies to a public document - Held, Rule ... ... In case (e) or (f), a certified copy of the document....
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