Section – 61. Proof of Contents of Documents

Documentary evidence is defined Section – 3 of the Indian Evidence Act

all document including electronic records produced for the inspection of the Court.
such statements are called documentary evidence;

Documentary evidence refers to that evidence which is in Tangible, physical form and it is substantive and corroborative piece of evidence.

The contents of documents may be proved either by primary or by secondary evidence.

Section – 62. Primary Evidence

Primary evidence means the documents itself produced for the inspection of the Court.

Explanation 1-Where a document is executed in several parts, each part is primary evidence of the document :

Where a document is executed in counterpart, each counterpart being executed by one or some of the parties only, each counterpart is primary evidence as against the parties executing it.

Explanation 2-Where a number of documents are all made by one uniform process, as in the case of printing, lithography, or photography, each is primary evidence of the contents of the rest ; but, where they are all copies of a common original, they are not primary evidence of the contents of the original.

Illustrations

A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.

Primary evidence means the document itself produced for the inspection of the court.

Where a document is executed in several parts, each part is primary evidence.

Where a document is executed in counterpart, each counterpart is primary evidence against the party executing it.

Where several documents are made by a uniform process, such as painting, lithography, or photograph, each one is primary evidence of the contents of the rest.

Where several documents are made by one uniform process, but they are copies of the common original, they are not primary evidence of the contents of the original.

In the case of Prithi Chand vs State Of Himachal Pradesh on 17 January, 1989 it was heldthat a carbon copy was made by a uniform process of the certificate of a doctor (as to the condition of a rape victim) given in the performance of professional duty. It was held to be primary evidence within the meaning of the explanation to section 62.

Section – 63. Secondary Evidence

Secondary evidence means and includes—

Certified copies given under the provisions hereinafter contained;
Copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies.
Copies made from or compared with the original ;
Counterparts of documents as against the parties who did not execute them;
Oral accounts of the contents of a documents given by some person who has himself seen it.

Illustration

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.
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.
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.
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.

At one instance a copy of the document was admitted in evidence in trial court without objection, its admissibility cannot be challenged in the appellate court because omission to object to its admissibility implies that it is a true copy and therefore, it is not open to the appeal court to say whether a copy was properly compared with original or not.

Documents that are merely copies of copies, the originals not having been satisfactorily accounted for, are inadmissible in evidence and must be rejected.

Section – 64. Proof of Documents by Primary Evidence

Documents must be proved by primary evidence except in the cases hereinafter mentioned.

Major Implication of Section – 64

Documents must be proved by primary evidence.

Secondary evidence can be given under the circumstances described under section 65.

Section – 65. Cases in which secondary evidence relating to documents may be given

Secondary evidence may be given of the existence, condition, or contents of a documents in the following cases:-

(a) When the original is shown or appears to be in the possession or power—
of the person against whom the document is sought to be proved , or
of any person out of reach of, or not subject to, the process of the Court or
of any person legally bound to produce it,
and when, after the notice mentioned in section 66, such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

(d) when the original is of such a nature as not to be easily movable;

(e) when the original is public document within the meaning of section 74;

(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in 40[India] to be given in evidence

(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court and the fact to be proved it the general result of the whole collection.

In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.

In case (b), the written admission is admissible.

In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, admissible.

In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.

Section – 65A and 65B.
Cases in which secondary evidence relating to documents may be given

65A. Special provisions as to evidence relating to electronic record
According to section 65-B, any information contained in an electronic record which is printed on paper, stored, recorded, or copied in optical or magnetic media produced by a computer shall be deemed to be also a document provided condition mentioned in the section is satisfied.

A certificate is required by virtue of section 65-B if the statement is to be given, then following is be duly regarded:
Identifying the electronic record containing the statement and describing how it was produced.

Giving such particular of any device involved in the production of that electronic record as may be appropriate for showing that the electronic record was produced by a computer.

Dealing with any of the matters to which the condition as provided above.