Table of Contents
Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence. Nevertheless, a court may allow a party to introduce secondary evidence in a number of situations.
What is primary and secondary evidence?
Primary Evidence is original document which is presented to the court for its inspection. Secondary Evidence is the document which is not original document but those documents which are mentioned in Section.
What is secondary evidence when it is admissible?
Introduction: The secondary evidence is the evidence that has been re-exposed from the original document or inserted into the original. Section 63 of the Indian Evidence Act, 1872 outlines the secondary evidence. Secondary evidence without original documents such as certified copies, Photocopy etc.
What’s the difference between primary and secondary evidence?
Primary sources provide raw information and first-hand evidence. Secondary sources provide second-hand information and commentary from other researchers. Examples include journal articles, reviews, and academic books. A secondary source describes, interprets, or synthesizes primary sources.
What is not secondary evidence?
(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.
What are examples of secondary evidence?
Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence. Another example would be an exact replica of an engine part that was contained in a motor vehicle.
Is photocopy a secondary evidence?
Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence. Another example would be an exact replica of an engine part that was contained in a motor vehicle.
What is secondary evidence in history?
Secondary sources were created by someone who did not experience first-hand or participate in the events or conditions you’re researching. For a historical research project, secondary sources are generally scholarly books and articles. Secondary sources may contain pictures, quotes or graphics of primary sources.
What is an example of original evidence?
For example, contemporaneous statements about a person’s health, feelings, sensations, intention, knowledge or state of mind were admitted as original evidence at common law, but are treated as an exception to the hearsay rule under of the Act.
What is difference between primary and secondary memory?
Primary memory is also called internal memory whereas Secondary memory is also known as a Backup memory or Auxiliary memory. Primary memory data is directly accessed by the processing unit whereas Secondary memory data cannot be accessed directly by the processor.
Why textbook is a secondary source?
if you were to research the development of textbooks during a specific time period, then a textbook could be used as a primary source. In most cases, the author of a textbook interprets prescribed theories of a topic and would, therefore, be a secondary source.
How do you identify secondary sources?
Secondary sources can be found in books, journals, or Internet resources. the online catalog, the appropriate article databases, subject encyclopedias, bibliographies, and by consulting with your instructor.
Is photograph primary or secondary evidence?
photography, each is primary evidence of the contents of the rest. There could be no two opinion that a copy of the photograph is made by the mechanical process, which itself ensures the accuracy of such copy and hence admissible in evidence.
Which documents are not admissible in evidence?
The evidence must prove or disprove an important fact in the criminal case. If the evidence doesn’t relate to a particular fact, it is considered “irrelevant” and is therefore inadmissible and is also not permissible in Court.
Is Xerox copy a secondary evidence?
As held by the Apex Court in the case of Bitot Das (supra), unless the foundation for producing the secondary evidence is laid, the xerox copy is not admissible in evidence. But, to admit the secondary evidence, however, it is not sufficient to show merely that the original document is lost.
Can a photocopy be used as evidence?
No. Section 61 of the Evidence Act prescribes that the contents of a document may be proved either by primary evidence or by secondary evidence. So, the photocopy to be admissible as evidence has to be a certified copy. No reliance can be expected on a document which is otherwise inadmissible in a Court and.
What are 3 examples of secondary sources?
Examples of secondary sources include: journal articles that comment on or analyse research. textbooks. dictionaries and encyclopaedias. books that interpret, analyse. political commentary. biographies. dissertations. newspaper editorial/opinion pieces.
What is the meaning of secondary sources?
In contrast, a secondary source of information is one that was created later by someone who did not experience first-hand or participate in the events or conditions you’re researching. For the purposes of a historical research project, secondary sources are generally scholarly books and articles.
What is the use of secondary sources?
Secondary sources provide good overviews of a subject, so are particularly useful if you need to find about an area that’s new to you. They are also helpful because you can find keywords to describe a subject area, as well as key authors and key references that you can use to do further reading and research.
What is the best evidence?
Best evidence, also known as primary evidence, usually denotes an original writing, which is considered the most reliable proof of its existence and its contents. If it is available to, and obtainable by, a party, it must be offered into evidence at a trial.
When can you use character evidence?
Character evidence is admissible in a criminal trial if offered by a defendant as circumstantial evidence—through reputation or opinion evidence—to show their own character, as long as the character evidence the defendant seeks to introduce is relevant to the crime with which the defendant is charged.
What types of evidence can be brought into court?
The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary.
