Section 63 of the Evidence Act

Ensuring Admissibility and Authenticity of Secondary Evidence

By determining whether or not secondary evidence can be admitted into court and whether or not it is credible, Section 63 of the Evidence Act plays a key part in the administration of justice. This section presents a structure for presenting and demonstrating secondary evidence in circumstances in which primary evidence is not available. For those who work in the legal field, it is absolutely necessary to have a thorough understanding of the laws and obligations specified in Section 63. This guarantees that justice is carried out and that credible evidence is presented in court. In the following article on this site, we are going to look into the most important features of Section 63 and its significance in the field of evidence law.

Definition of Secondary Evidence:

Any type of evidence that is not regarded to be primary is referred to as secondary evidence, and the definition of secondary evidence may be found in Section 63 of the Evidence Act. It acts as a stand-in for main evidence in situations when the original document cannot be accessed, has been misplaced, or has been destroyed. Let's look at some illustrations of secondary evidence:

Certified Copies:

Certified copies are reproductions of original documents that have been given official authorization to be made by a relevant authority. These copies have been validated to ensure that they are faithful and precise reproductions of the original document. For instance, a copy of a birth certificate that has been officially attested by the state can act as secondary proof in the event that the original document cannot be located.

Photocopies:

 
The process of photocopying results in the creation of duplicate copies of the original papers, which are known as photocopies. They are typically utilized in the capacity of secondary evidence in the event that the primary document cannot be located. For instance, a photocopy of the contract can be produced as supplemental proof in the event that the original copy of the contract is misplaced.

Oral Evidence:

 
Oral testimony can be deemed supplemental evidence in certain circumstances. This takes place when a witness provides testimony regarding the content of an original document based on their firsthand knowledge of the information contained within the document. For instance, if a contract is misplaced, a witness who was present during the time it was being signed can provide oral evidence regarding the stipulations of the agreement.

Electronic Records:

 
As digital technology has become more widespread, the use of electronic records as a form of secondary evidence has become increasingly popular. Emails, text messages, scanned copies, and digital images are all examples of digital reproductions of the original papers. As secondary evidence, a printout of the document or a digital copy of the document can be presented in the event that the original electronic document cannot be accessed.

It is essential to keep in mind that the admission of secondary evidence is contingent on successfully satisfying the conditions outlined in Section 63. These conditions include providing evidence that primary evidence does in fact exist, demonstrating that reasonable diligence was used in attempting to obtain primary evidence, and demonstrating that primary evidence was not lost or destroyed on purpose.

Conditions for Admissibility:

Section 63 lays down specific conditions that must be satisfied for secondary evidence to be admissible in court. These conditions act as safeguards to ensure the reliability and authenticity of the presented evidence. The key conditions include:

a. Proof of the Existence of Primary Evidence: The party seeking to introduce secondary evidence must establish that the primary evidence exists, but is not within their control or cannot be produced for legitimate reasons.

b. Reasonable Diligence: The party must demonstrate that they have made reasonable efforts to obtain the primary evidence before resorting to secondary evidence.

c. Exclusionary Rule: Secondary evidence cannot be admitted if the party offering it has intentionally caused the loss or destruction of the primary evidence.

Types of Secondary Evidence:

Section 63 encompasses various forms of secondary evidence that can be presented in court. These may include:

a. Certified Copies: Copies of official records or documents certified by a competent authority as accurate and authentic.

b. Photocopies: Reproductions of original documents created through the process of photocopying.

c. Oral Evidence: Testimonies given by witnesses who have firsthand knowledge of the content of the original document.

d. Electronic Records: Digital reproductions of original documents, such as emails, text messages, or scanned copies.

Burden of Proof:

It is important to note that the burden of proving the conditions for the admissibility of secondary evidence lies on the party seeking to introduce it. They must present sufficient evidence to satisfy the court that the requirements of Section 63 have been met.

Conclusion:

It is vital to note that Section 63 of the Evidence Act governs both the admissibility and authenticity of supplementary evidence. Even in circumstances when there is a shortage of primary evidence, the setting of conditions and requirements ensures that trustworthy evidence can still be produced in court. Legal practitioners face a difficult problem in negotiating Section 63's restrictions in order to make optimal use of secondary evidence while still keeping to the norms of justice and fairness. When legal practitioners comprehend the complexity of this subject thoroughly, they are better equipped to present their case eloquently, and the truth is more likely to triumph in the judicial system.