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Section 63 - Indian Evidence Act, 1872
63. 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.
(3) copies made from or compared with the original ;
(4) counterparts of documents as against the parties who did not execute them;
(5) oral accounts of the contents of a documents given by some person who has himself seen it.
Illustration
(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but he copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine copy of the original, is secondary evidence of the original.
Related Sections
- Section 113A: Presumption as to abetment of suicide by a married women
- Section 127: Section 126 to apply to interpreters etc.
- Section 43: Judgment, etc., other than those mentioned in sections 40 to 42, when relevant
- Section 164: Using, as evidence, of document production of which was refused on notice
- Section 100: Saving of provisions of Indian Succession Act, relating to wills
Related Acts
- Criminal Procedure (Identification) Act, 2022
- Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
- National Forensic Sciences University Act, 2020
- Indian Institutes of Information Technology (Amendment) Act, 2017
- National Commission for Indian System of Medicine Act, 2020