IEA 63 — Secondary evidence

Indian Evidence Act, 1872

Statutory text

Secondary evidence means and includes ––
(1) certified copies given under the provisions hereinafter contained;
(2)  copies  made  from  the  original  by  mechanical  processes  which  in  themselves  insure  the
accuracy of the copy, and copies compared with such copies;
(3) copies made from or compared with the original;
(4) counterparts of documents as against the parties who did not execute them;
(5) oral accounts of the contents of a document given by some person who has himself seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the
contents  of  the  letter,  if  it  is  shown  that  the  copy  made  by  the  copying  machine  was  made  from  the original.
(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 of the original, is secondary evidence of the original.

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