Section 63 of the Evidence Act, 1872

Section 63 of the Evidence Act, 1872.—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 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.

Comments

                       

                        Admissibility

(i)                Application moved for permission to lead secondary evidence based on ground of loss of document. Presence of document proved from the fact pleaded-Allowing secondary evidence not illegal; Shobha Rani v. RaviKumar, AIR 1999 P&H 21. 

(ii)             Tape-recorded statements are admissible in evidence, K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad 59.

(iii)           Ceritified copies of money lender's licences are admissible in evidence; K. Shivalingaiah v.B. V. Chandrashekhar Gowda, AIR 1993 Kant 29.