Section 63 Indian Evidence Act

Indian Evidence Act, 1872 [Act 1 of 1872]

Part II - On Proof

Chapter V / 5 :  Of Documentary Evidence

IEA 63 : Section 63 of the Indian Evidence Act:

Secondary evidence.—Secondary evidence means and includes—

(1) Certified copies given under the provisions hereinafter contained1;1;"

(2) Copies made from the original by mechanical processes which in themselves insure 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 document given by some person who has himself seen it. Illustrations

(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 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.

(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. COMMENTS Admissibility Application moved for permission to lead secondary evidence based on ground of loss of document. Presence of document proved from the facts pleaded - Allowing secondary evidence not illegal; Sobha Rani v. Ravikumar, AIR 1999 P&H 21. Tape-recorded statements are admissible in evidence; K.S. Mohan v. Sandhya Mohan, AIR 1993 Mad 59. Certified copies of money lender’s licences are admissible in evidence; K. Shivalingaiah v. B.V. Chandrashekara Gowda, AIR 1993 Kant 29.

India's Important Case Laws and Landmark Judgments on IEA - Section 63 Indian Evidence Act 1872:

Jagdish Chand Sharma vs Narain Singh Saini (Dead) Thr. on 1 May, 2015 - Supreme Court of India 

Ms. Sumitra Devi And Ors. vs State And Ors. on 15 May, 2007 - Delhi High Court 

Smt. Lachcho vs Dwari Mal on 5 August, 1985 - Allahabad High Court 

Gaurav Singh vs General Public & Ors on 24 February, 2016 - Patna High Court 

Harijiwan Sahu vs Jairam Sahu And Ors. on 26 September, 1988 - Patna High Court 

Shrichand Girdharilal Batra vs Life Insurance Corporation on 1 October, 1993 - Bombay High Court 

Dayashankar And Others vs Jaishankar Since Deceased on 22 November, 2011 - Chattisgarh High Court 

P.K. Kalliani Amma And Ors. vs M.T. Narayanan Nambiar And Ors. on 22 September, 1914 - Madras High Court 

Devassykutty vs Visalakshy Amma on 29 June, 2010 - Kerala High Court  

Sunil Kumar And Anr. vs Smt. Anguri Choudhari And Anr. on 1 April, 2002 - Madhya Pradesh High Court 

Patel Maganbhai Bapujibhai vs Patel Ishwarbhai Motibhai on 20 April, 1983 - Gujarat High Court 

Cr No.6 Of 2012 vs Surinder Singh And Others on 11 November, 2013 - Punjab-Haryana High Court 

The State Of Maharashtra vs Krishnaawatar Daulatsingh Madan on 2 March, 2012 - Bombay High Court 

Anvar P.V vs P.K.Basheer & Ors on 18 September, 2014 - Supreme Court of India 

Dr. Jeevan Bahadur Samaddar vs Govind Charan Samaddar And Others on 30 May, 2013 - Allahabad High Court 

Kamal Patel vs Ram Kishore Dogne on 4 January, 2016 - Madhya Pradesh High Court 

Chandrakant Bhalchandra Garware vs Anil Prabhakar Naik And Ors. on 9 February, 2000 - Bombay High Court 

R. Saraswathy vs P. Bhavathy Ammal And Anr. on 6 September, 1988 - Kerala High Court 

Kuldeep Singh And Others vs Raj Kumar And Others on 6 November, 2013 - Punjab-Haryana High Court 

Surinder Kaur vs Mehal Singh And Others on 4 December, 2013 - Punjab-Haryana High Court