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. Another example would be an exact replica of an engine part that was contained in a motor vehicle.
What is secondary evidence under evidence Act?
On bare reading, 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 ensure the accuracy of the copy, and copies compared with such copies.
What are the example of secondary evidence?
Examples include interview transcripts, statistical data, and works of art. A primary source gives you direct access to the subject of your research. Secondary sources provide second-hand information and commentary from other researchers. Examples include journal articles, reviews, and academic books.
What is difference between primary and secondary evidence?
Primary Evidence is the first and legitimate copy of the document which is produced before the Court for inspection. Secondary Evidence is the substitute but a less important copy of the document, which is produced when the primary evidence is not available. The evidence is by itself admissible to the Court.
What is secondary evidence as per Indian evidence Act?
Section 63 of the Act defines Secondary Evidence which in broad terms means Certified copies, photocopy made by mechanical process which in themselves ensures accuracy of the copy, copies made from or compared with the original, counter parts of documents as against the parties who did not execute them and lastly oral.
What are the 4 types of evidence?
The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary.
What are the circumstances secondary evidence is admissible?
Secondary evidence admissible in the absences of the primary evidence. The secondary evidence is another source. Section 63 of the Indian Evidence Act, 1872 outlines the second evidence. Secondary evidence is different without original documents such as certified copies, Photocopy, document partners etc.
Which is not secondary evidence?
A copy of a certified copy of a document, which has not been compared with the original, cannot be admitted in evidence, such a copy being neither primary or secondary evidence of the contents of the original. When a document is an accurate or true and full reproduction of the original, it would be a copy.
Is photocopy a secondary evidence?
In other words, photostat copy of a document is not admissible as secondary evidence unless proved to be genuine or is admitted by opposite party.
What is a secondary source example?
Examples of secondary sources include: journal articles that comment on or analyse research. textbooks. dictionaries and encyclopaedias.
Which of the following is primary evidence?
Examples of a primary source are: Original documents such as diaries, speeches, manuscripts, letters, interviews, records, eyewitness accounts, autobiographies. Empirical scholarly works such as research articles, clinical reports, case studies, dissertations.7 days ago.
What are the three foundational elements that must be shown before secondary evidence is admitted?
The three foundational elements that must be shown before secondary evidence is admitted are. That there has been a writing in existence; hat the secondary evidence is a genuine copy of the original or accurately relates the contents of the original and.
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.
What is admission under evidence Act?
According to section 17 of Indian Evidence Act, 1872, An admission is a statement oral or documentary or contained in electronic form which suggests an inference to any fact in issue or relevant fact, which is made by any of the persons and under the circumstances, herein after mentioned.
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.
What is the strongest type of evidence?
Direct Evidence The most powerful type of evidence, direct evidence requires no inference. The evidence alone is the proof.
What are the 2 main types of evidence?
There are two types of evidence; namely, direct evidence and circumstantial evidence.
What are the 7 types of evidence?
Terms in this set (7) Personal Experience. To use an event that happened in your life to explain or support a claim. Statistics/Research/Known Facts. To use accurate data to support your claim. Allusions. Examples. Authority. Analogy. Hypothetical Situations.
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 the secondary evidence?
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 ensure the accuracy of the copy, and copies compared with such copies.
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 are 5 secondary sources?
Secondary Sources Examples: Reports, summaries, textbooks, speeches, articles, encyclopedias and dictionaries. Person Reference Material. Interview Book. E-mail contact DVD. Event Encyclopedia. Discussion Magazine article. Debate Newspaper article. Community Meeting Video Tape.
What is the difference between primary source and secondary source?
Primary sources are firsthand, contemporary accounts of events created by individuals during that period of time or several years later (such as correspondence, diaries, memoirs and personal histories). Secondary sources often use generalizations, analysis, interpretation, and synthesis of primary sources.
What is considered as a secondary source?
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.
