Evidence Act, 1872–Sec. 65–Secondary evidence–Relevant principles for examining the admissibility of secondary evidence–
(1) Law requires the best evidence to be given first, that is, primary evidence.
(2) Section 63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence.
(3) If the original document is available, it has to be produced and proved in the manner prescribed for primary evidence.
(4) A party must endeavour to adduce primary evidence of the contents, and only in exceptional cases, will secondary evidence be admissible–The exceptions are designed to provide relief when a party is genuinely unable to produce the original through no fault of that party.
(5) When the non-availability of a document is sufficiently and properly explained, then the secondary evidence can be allowed.
(6) Secondary evidence could be given when the party cannot produce the original document for any reason not arising from his default or neglect.
(7) When the copies are produced in the absence of the original document, they become good secondary evidence–Still, there must be foundational evidence that the alleged copy is a true copy of the original.
(8) Before producing the secondary evidence of the contents of a document, the non-production of the original must be accounted for in a manner that can bring it within one or other of the cases provided for in the Section.
(9) Mere production and marking of a document as an exhibit by the Court cannot be held to be due proof of its contents–It has to be proved in accordance with the law.
