Meaning of Secondary Evidence
Secondary Evidence refers to evidence that is not the original document but a substitute permitted by law when the original cannot be produced. Under the Indian Evidence Act, Sections 63 and 65, secondary evidence includes certified copies, mechanical reproductions, oral accounts of the contents of a document, and copies made from the original. The principle behind allowing secondary evidence is the need to ensure justice even when the primary document is lost, destroyed, or withheld by the opposite party. However, such evidence is permissible only when the conditions of Section 65 are strictly met. Courts insist on authenticity, reliability, and proof of the original’s unavailability before allowing secondary evidence.
Legal Framework Under Sections 63 and 65
Section 63 explains the types of secondary evidence, such as certified copies, counterparts of documents, and oral accounts of a person who has seen the original. Section 65 lays down situations where secondary evidence is admissible—for example, when the original is lost, when it is in possession of the adversary who refuses to produce it, when the original is destroyed, or when it is not easily movable. The burden lies on the party seeking to introduce secondary evidence to prove the foundational facts for non-production of the primary document. Courts are cautious and admit secondary evidence only after ensuring that there is no intention to mislead or fabricate.
Purpose and Judicial Approach
The purpose of secondary evidence is to prevent injustice caused by the unavailability of primary documents. Courts adopt a balanced approach: they allow secondary evidence to ensure fairness but impose strict scrutiny to avoid misuse. Judicial pronouncements have held that once the conditions under Section 65 are established, secondary evidence cannot be denied merely on technical grounds. However, the credibility of the secondary evidence must be independently assessed. Not all secondary evidence carries the same weight—certified copies are generally more reliable than oral accounts. This graded assessment ensures the sanctity of documentary proof while enabling practical flexibility.
Real-Time Example
A person executing a sale deed keeps the original with himself, but the buyer is given only a photocopy. Later, during litigation, the seller refuses to produce the original document. In such a case, the buyer may produce the photocopy (secondary evidence) under Section 65(a) by proving that the original is in the possession of the opposite party and that he refuses to bring it before the court. Once this foundational requirement is satisfied, the photocopy becomes admissible. The court may then compare it with surrounding circumstances and additional proof to determine its reliability and evidentiary value.
Mnemonic to Remember Secondary Evidence
Mnemonic: “L-O-W-E-R”
- L – Lost original
- O – Opponent refuses to produce original
- W – Written copy allowed (certified/photocopy)
- E – Evidence allowed only after proving reasons
- R – Reproduction of the original permitted under Sections 63 & 65
About lawgnan
To clearly understand Secondary Evidence and its strict admissibility under Sections 63 and 65 of the Indian Evidence Act, explore the full explanation on Lawgana.in. Our platform simplifies complex evidence law concepts with structured notes, real-world examples, and exam-focused summaries. Whether you are preparing for judiciary exams, law school tests, or strengthening courtroom practice, Lawgana.in provides reliable and comprehensive legal content. Learn when secondary evidence becomes admissible, how courts evaluate authenticity, and what conditions must be established before relying on substitutes for original documents. Visit Lawgana.in today for accurate legal insights.
