The Indian Evidence Act, 1872
Chapter 05 Of Documentary Evidence
Section 63: Secondary evidence
Secondary evidence means and includes—
- Certified copies given under the provisions hereinafter contained1;
- Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;
- Copies made from or compared with the original;
- Counterparts of documents as against the parties who did not execute them;
- Oral accounts of the contents of a document given by some person who has himself seen it.
Illustrations
- 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.
- 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.
- 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.
- Neither art 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.