Section 63 of the Evidence Act

Ensuring Admissibility and Authenticity of Secondary Evidence

By determining whether secondary evidence can be admitted into court and whether it is credible, Section 63 of the Evidence Act plays a key role in the administration of justice. This section provides a framework for presenting and demonstrating secondary evidence in circumstances where primary evidence is unavailable. For legal professionals, a thorough understanding of the laws and obligations specified in Section 63 is essential. This ensures that justice is served and credible evidence is presented in court. In this article, we will explore the key features of Section 63 and its significance in evidence law.

Table of Contents

• Definition of Secondary Evidence
• Conditions for Admissibility
• Types of Secondary Evidence
• Burden of Proof
• FAQ
• References

Definition of Secondary Evidence

Section 63 of the Evidence Act defines secondary evidence as any evidence that is not primary. It serves as a substitute for primary evidence when the original document is inaccessible, lost, or destroyed.

Conditions for Admissibility

Section 63 specifies conditions for the admissibility of secondary evidence to ensure its reliability and authenticity. These include proof of the existence of primary evidence, reasonable diligence, and the exclusionary rule.

Types of Secondary Evidence

Secondary evidence can take various forms, such as certified copies, photocopies, oral evidence, and electronic records.

Burden of Proof

The burden of proving the conditions for admissibility lies with the party introducing secondary evidence. They must provide sufficient evidence to satisfy the court.

Definition of Secondary Evidence

Section 63 of the Evidence Act defines secondary evidence as any evidence that is not primary. It serves as a substitute for primary evidence when the original document is inaccessible, lost, or destroyed. Examples of secondary evidence include:

Certified Copies

Certified copies are reproductions of original documents authorized by a relevant authority. These copies are validated to ensure they are accurate representations of the original. For example, a state-certified copy of a birth certificate can serve as secondary evidence if the original is lost.

Photocopies

Photocopies are duplicates of original documents and are often used as secondary evidence when the original is unavailable. For instance, a photocopy of a contract can be submitted if the original is misplaced.

Oral Evidence

Oral testimony can be considered secondary evidence when a witness provides information about the content of an original document based on their firsthand knowledge. For example, a witness present during the signing of a contract can testify about its terms if the original is lost.

Electronic Records

With the rise of digital technology, electronic records such as emails, text messages, scanned copies, and digital images are increasingly used as secondary evidence. A printout or digital copy of an electronic document can be presented if the original is inaccessible.

It is crucial to note that the admissibility of secondary evidence depends on meeting the conditions outlined in Section 63, such as proving the existence of primary evidence, demonstrating reasonable diligence in obtaining it, and ensuring it was not intentionally lost or destroyed.

Conditions for Admissibility

Section 63 specifies conditions for the admissibility of secondary evidence to ensure its reliability and authenticity. These include:

• Proof of the Existence of Primary Evidence: The party must establish that primary evidence exists but is unavailable for legitimate reasons.
• Reasonable Diligence: The party must show they made reasonable efforts to obtain the primary evidence.
• Exclusionary Rule: Secondary evidence is inadmissible if the party intentionally caused the loss or destruction of the primary evidence.

Types of Secondary Evidence

Section 63 recognizes various forms of secondary evidence, including:

• Certified Copies: Officially certified reproductions of original documents.
• Photocopies: Duplicates created through photocopying.
• Oral Evidence: Testimonies from witnesses with firsthand knowledge of the original document.
• Electronic Records: Digital reproductions such as emails, text messages, or scanned copies.

Burden of Proof

The burden of proving the conditions for admissibility lies with the party introducing secondary evidence. They must provide sufficient evidence to satisfy the court that the requirements of Section 63 have been met.

Conclusion

Section 63 of the Evidence Act is vital in governing the admissibility and authenticity of secondary evidence. By setting clear conditions, it ensures that reliable evidence can be presented even in the absence of primary evidence. Legal professionals must navigate these requirements carefully to uphold justice and fairness. A thorough understanding of Section 63 empowers practitioners to present their cases effectively, ensuring the truth prevails in the judicial system.

Ensuring Admissibility and Authenticity of Secondary Evidence

Frequently Asked Questions (FAQ)

• What is secondary evidence?

  Secondary evidence is any evidence that is not the original document but is used as a substitute when the original is unavailable.

• What are certified copies?

  Certified copies are reproductions of original documents that have been officially authorized by a competent authority.

• Can electronic records be used as secondary evidence?

  Yes, electronic records such as emails, scanned copies, and digital images can be used as secondary evidence.

• What is the burden of proof for secondary evidence?

  The party introducing secondary evidence must prove that the conditions for its admissibility have been met.

References

• Indian Evidence Act, 1872 - Section 63
• Legal Services India - www.legalservicesindia.com
• Law Commission of India Reports
• Judicial Pronouncements on Secondary Evidence