Secondary Evidence Rules In Indian Law
What is Secondary Evidence?
Primary evidence means the original document itself produced for inspection.
Secondary evidence is any evidence other than the original document, such as:
Certified copies
Copies made from the original
Oral accounts of the document’s contents
Counterparts or duplicates
Secondary evidence is admissible only when the original is shown to be unavailable for legitimate reasons.
Legal Provisions
Section 63 of the Indian Evidence Act, 1872: Defines primary and secondary evidence.
Section 65: Enumerates circumstances when secondary evidence is admissible.
Section 65B: Specifically deals with electronic records as evidence (important in the digital era).
Section 66: Defines “certified copies” admissible as secondary evidence.
Section 67: Defines “copies made from original” admissible.
Conditions for Admissibility of Secondary Evidence
Primary evidence (original) is shown to be lost, destroyed, or otherwise not available.
Original is in possession of the opponent who does not produce it after notice.
Original is in possession of a third party who fails to produce it.
Original is a public document and is not required to be produced.
Documents of which originals are not easily movable, or cannot be produced without damage or injury.
Important Case Laws on Secondary Evidence Rules
1. Ramjas Ltd. v. P.K. Khosla (1956) AIR 522 (SC)
Facts:
Dispute over documents where the original was not produced.
Issue:
Whether secondary evidence can be admitted without proving loss or non-availability of the original?
Holding:
The Supreme Court held that secondary evidence is admissible only when the original document is proved to be unavailable.
Mere failure to produce original is not enough; there must be due diligence to produce it.
The party must establish that the original is lost, destroyed, or in possession of opponent who refused to produce it.
Significance:
Strict enforcement of the rule of admissibility of secondary evidence.
Protection against easy substitution with inferior evidence.
2. Bhagirath Mal v. Baldeo (1919) ILR 44 All 510
Facts:
The case involved a dispute regarding admissibility of certified copies as secondary evidence.
Issue:
Whether certified copies can be admitted in place of the original document?
Holding:
Certified copies are admissible as secondary evidence if the original cannot be produced.
The certificate must comply with the requirements of the Evidence Act (Section 66).
Court rejected uncertified copies as insufficient.
Significance:
Clarified strict standards for certification.
Protected authenticity and reliability of secondary evidence.
3. Sukhdeo Singh v. Delhi Administration (1957 AIR 450)
Facts:
The original record was in the custody of a third party who refused to produce it.
Issue:
Can secondary evidence be given if the original is in possession of a third party who does not produce it?
Holding:
The Court held secondary evidence can be admitted in such cases (under Section 65(3)).
Party seeking to admit secondary evidence must prove due notice was given to produce original.
Court emphasized “due diligence” in procuring the original.
Significance:
Affirmed conditions under which secondary evidence is admissible when originals are with third parties.
4. Ram Chander v. State of Punjab (1966 AIR 1588)
Facts:
Oral evidence about the contents of a lost document was tendered.
Issue:
Whether oral accounts can be admitted as secondary evidence.
Holding:
Oral accounts of document’s contents are secondary evidence under Section 65(2).
Admissible only if the original is proved lost or destroyed.
Mere failure to produce original is insufficient to admit oral evidence.
Significance:
Confirmed hierarchy and conditions for secondary evidence admissibility.
5. Anvar P.V. v. P.K. Basheer (2014) AIR SC 42
Facts:
Admissibility of electronic records (emails, computer data) as evidence.
Issue:
What are the requirements for admissibility of electronic secondary evidence under Section 65B?
Holding:
The Supreme Court ruled electronic evidence must comply strictly with Section 65B.
Certificate of authenticity must accompany the electronic record.
Failure to comply renders evidence inadmissible.
Significance:
Revolutionized treatment of electronic secondary evidence.
Ensured authenticity and reliability of digital evidence.
6. Union of India v. Ibrahim Uddin (1979 AIR 1377)
Facts:
Dispute regarding the use of photocopies as secondary evidence.
Issue:
Whether photocopies can be admitted without proper certification.
Holding:
Photocopies alone are not admissible as secondary evidence.
They must be certified copies under Section 66 or fall within other exceptions.
Otherwise, they are inadmissible hearsay.
Significance:
Protected evidentiary value by requiring certification.
Prevented admission of casual photocopies.
7. K.K Verma v. Union of India (1977 AIR 298)
Facts:
Relied on copies made from original for evidence.
Issue:
Are copies made from the original admissible as secondary evidence?
Holding:
Copies made from original (under Section 67) are admissible provided originals are unavailable.
Proof of unavailability and due diligence is essential.
Significance:
Clarified scope and conditions for admission of such copies.
Summary Table of Secondary Evidence Principles and Cases
| Case Name | Principle Highlighted |
|---|---|
| Ramjas Ltd. v. P.K. Khosla | Secondary evidence admissible only if original unavailable |
| Bhagirath Mal v. Baldeo | Certified copies admissible if properly certified |
| Sukhdeo Singh v. Delhi Admin | Secondary evidence if original with third party refusing produce |
| Ram Chander v. Punjab | Oral accounts as secondary evidence require lost original |
| Anvar P.V. v. P.K. Basheer | Electronic evidence needs strict Section 65B compliance |
| Union of India v. Ibrahim Uddin | Photocopies without certification inadmissible |
| K.K Verma v. Union of India | Copies from original admissible with due diligence |
Conclusion
Secondary evidence is a vital part of Indian Evidence Law but is subject to strict safeguards to ensure reliability.
The law insists on due diligence in proving non-availability of the original document.
Different categories of secondary evidence (certified copies, copies from originals, oral accounts, electronic records) have their specific conditions for admissibility.
Landmark cases have reinforced the need to maintain evidentiary integrity and prevent abuse by substitution of originals with inferior evidence.
Electronic evidence, under Section 65B, demands special compliance reflecting modern realities.
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