What Is Meant by Secondary Evidence in Law
There are certain circumstances in which secondary evidence may be presented instead of primary evidence, provided certain conditions are met: Evidence refers to evidence of fact or authentic information that reflects the validity or authenticity of a belief or statement. In the eyes of the law, any document or statement admitted by the court or made by witnesses in court concerning the underlying case constitutes evidence. It can be of two types, i.e. oral evidence and written evidence. Secondary evidence is evidence that has been reproduced from an original document or replaced by an original document. For example, a photocopy of a document or photo would be considered secondary evidence. Another example would be an exact replica of an engine part contained in a motor vehicle. If the engine part is not the same as that of the motor vehicle at issue in the case, it is considered secondary evidence. Courts prefer original or primary evidence. They try to avoid using secondary evidence whenever possible.
This approach is called the best evidence rule. Nevertheless, a court may allow a party to present secondary evidence in a number of situations. After hearing the arguments of the parties, the court decides whether or not to admit secondary evidence after determining whether the evidence is indeed authentic or whether it would be unfair to admit the duplicate. However, if a party questions whether a claimed writing ever existed or whether a writing, recording or photograph is the original, the trial judge will make the final decision. The trier of fact is the judge in the case of a hearing; In a jury trial, the trier of fact is the jury. Research issues: The method of accepting secondary evidence needs to be improved, and the court should consider secondary evidence. On this basis, we will also see different case law. Study Objectives: Given the previous discussion, the main objective of this work is to discuss the importance of secondary evidence in an individual`s life. With this in mind, the researcher analysed the legal provisions/regulatory frameworks dealing with closure and focused on practical aspects covering different judicial interpretations and highlighting the scope and application of the concept. The researcher in the present study tried to highlight the research topic. Efforts have been made to assess the effectiveness and adequacy of existing laws to remedy or provide remedies; review interpretation by the courts. It is not possible to make the work exhaustive, because the subject becomes more and more important and more and more extensive.
Nevertheless, a line must be drawn somewhere in order to carry out the current research. Accordingly, this work includes the social analysis and study of the state of the facts, paradigms of the right to secondary evidence, and laws that address ancillary issues that contribute to the explanation of these areas. The work includes analyses. In addition, a large number of complementary statutes were reviewed in appropriate and relevant places for reference. The study focuses on the evaluation and interpretation of administrative law. Objectives: The research project was carried out with the following objectives: Knowledge of the value of secondary evidence When secondary evidence is admissible. Assumption: Secondary evidence is evidence that has less probative value and is generally not readily admissible in court. Scope and limitations of current research: This research project is doctrinaire. It would have been impossible to conduct a non-doctrinal research project without analyzing the conditions prevailing throughout India. Therefore, the researcher decided on an educational research project. Applied Research Methodology: The quality and value of research depends on the correct and particular methodology used to carry out the research.
Given the breadth of the research topic, a methodology for historical and doctrinal legal research was adopted. In order to carry out a certified study on the research topic “secondary evidence”, a huge amount of study material is required. The relevant information and data needed for its completion were collected from primary and secondary sources available in books, journals, journals, journals, journals, research articles and proceedings of seminars, conferences, congresses and annual reports on the environment, websites. INTRODUCTION OF SECONDARY EVIDENCE SEE 63 Secondary evidence means and includes – 1.Certified true copies submitted in accordance with the provisions below; 2. copies made of the original by a mechanical process which itself ensures the accuracy of the copy and copies in relation to such copies; 3.copies made from or compared to the original; 4.the counterparties of the documents vis-à-vis the parties who have not executed them; 5. Oral reports on the content of a document submitted by a person who has seen it himself. Sections 1 to 3 deal with copies of documents This section is exhaustive with respect to the types of secondary evidence admissible under the Act. The phrase “means and includes in this section” makes it clear that the five clauses relating to secondary evidence are exhaustive. However, secondary evidence cannot be mechanically rendered. A sufficient reason for not submitting the original document must be demonstrated. For example, for tenants to submit Xerox copy of the receipt in its plea without giving reasons and Xerox is genuine, then it is not allowed. There are different types of secondary evidence, which we will explore in the next chapter.
TYPES OF SECONDARY EVIDENCE AND JUDICIAL DECISIONS As we have seen in the layout of this section that there are different types of secondary evidence, let`s understand one by one and the judicial view of it. Their 17 main types of secondary evidence, which are: 1. Certified true copies 2. Mechanically manufactured copies 3. Strains 4. Photos 5. Copy Xerox 6. Photostat copy 7. Carbon copy 8. Typed copy 9. Tape recordings 10.
Copies made from or compared to the original copy 11. Counterparties 12. Oral Regulation 13. Copy of application 14. Uncontrolled will 15. Certificate of age 16. List of electors 17. Newspaper article 1. Certified true copies § 76 define certified true copies.
The accuracy of the certified true copies is presumed in accordance with § 79, but the accuracy of the other copies must be proven. This evidence may be provided by calling a witness who can swear that he or she compared the copy presented as evidence with the original or with another person read as the content of the original and that this is accurate. A copy of the municipal register that was not issued in accordance with the requirements of the Municipal Act is not relevant. Certified copies of the Rules of Procedure drawn up in accordance with Article 166(3) of the Constitution are admissible as evidence, and these provisions must be taken into account in court, as they are legal provisions. Under Article 63 in conjunction with Article 79 of the Act, a certified copy of a document may be accepted without formal proof. In the case of an 1896 bill of sale, in which the party did not prove the loss of the original but produced a certified copy to prove the contents of the document, it was decided that the mere presentation of a certified copy was not sufficient to justify the presumption of proper performance of the original under section 90.