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Secondary Evidence (Section 63 & 65 IEA / Section 58 & 60 BSA)

Evidentiary Rules & Proof Standards

Definition

Inferior substitute evidence (such as certified copies, photocopies compared with the original, or oral accounts of document contents) admitted only after establishing the loss, destruction, or adverse detention of the original primary document.

Example

In J. Yashoda v. K. Shobha Rani, the Supreme Court held that photocopies of documents are admissible as secondary evidence only after the applicant lays the statutory factual foundation under Section 65 showing why the original primary document cannot be produced.