case laws

Primary And Secondry Evidence

Primary And Secondry Evidence

                                                                    Primary And Secondry Evidence

Primary And Secondry Evidence explained..

What is the best evidence? So, most people said the best evidence is documentary evidence. But if I tell the word ” Best ” is in the superlative word of degree. And it is always used for comparison. If we talk about the document then documents are categorized into different-different categories. First is a Public document or private document. The second classification is in the primary and secondary evidence. So, in it, I tell about the primary and secondary evidence and mainly we will discuss the difference between both of them.

So, when you refer the section 62 then, it will be written that the document will be produced for itself. If you read section 62 with section 64 then, it says that you will have to produce only the primary document in the court. Then what is secondary evidence? then according to section 61, the secondary evidence says that the document will be proved either by the primary or secondary evidence. Section 63 it is mentioned what things are under section 63. and, what time it is administrable is given in section 65 in detail.

You have to read section 62 with section 64. and section 63 with section 65. And for all that, there is one general statement in section 61.

Let’s see the difference –

So, Primary Evidence is an original document that is presented to the court for its inspection. And Secondary Evidence is a document that is not original but those documents are mentioned in Section 63. The Primary evidence is the main source of evidence. And the secondary evidence is the alternative source of Evidence. Section 62 of the Evidence Act defines Primary Evidence. section 63 of the Indian Evidence Act defines Secondary Evidence. It is said the primary evidence is the best.

Secondary Evidence is not the best evidence but is evidence of Secondary nature and is admitted in exceptional circumstances mentioned in Section 65. Giving primary evidence is a general rule. But giving secondary evidence is an exception to the general rule. Primary evidence itself is admissible. But secondary Evidence is admissible in the absence of the Primary Evidence. No notice is required before giving primary Evidence. But Notice is required to be given before giving Secondary Evidence.

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