SECTION 61– Outlines that document contents can be proven through-
- Primary Evidence or
- Secondary Evidence.
Section 64 establishes the best evidence rule, requiring Primary Evidence for document proof, except when Section 65 exceptions apply. In essence, documents are typically proven using Primary Evidence, with Secondary Evidence allowed under Section 65 circumstances.
SECTION 62 – Defines Primary Evidence as the original documents presented in court for inspection. This is considered the most reliable evidence, offering the highest certainty regarding the relevant fact.
- Documents in several parts ( Explanation 1,Part 1 of Section 62 )
- Documents in counterparts (Explanation 1 to Section 62 )
- Documents made by uniform process (Explanation 2 to Section 62 )
SECTION 63 – Provides a comprehensive list of acceptable forms of Secondary Evidence, including:-
- Certified copies
- Copies made by mechanical process
- Copies made from or compared with original
- Counter parts of document
- Oral accounts
SECTION 64 – This section establishes that documents should be proven using Primary Evidence, unless specific conditions outlined in Section 65 of the Indian Evidence Act allow for the admissibility of Secondary Evidence. These conditions are as follows:
- Where the original is in possession of an adverse party or person legally bound to produce it.
- Where the existence or contents of the original is admitted.
- Original destroyed or lost
- Original not easily movable
- Public document
- Certified copy
- Original consisting of numerous accounts
SECTION 65A and 65B – These provisions establish precise regulations concerning the acceptance of Electronic Evidence. Section 65A permits the use of electronic record content as evidence, provided that the conditions outlined in Section 65B are met.
SECTION 68 – States that if a document necessitating attestation is presented in a legal proceeding, it cannot serve as evidence unless at least one attesting a witness is summoned to affirm its execution.
Cases in which the requirement for attesting witnesses may be waived:-
- Registered document (Proviso to Section 68 )
- No witness found (Section 69 )
- Admission by party (Section 70 )
SECTION 73 – Under this section,the court has the authority to instruct anyone present in the courtroom to write specific words or figures. This comparison helps the court assess the similarity between the written content and any alleged written content by that individual. This section also applies, with suitable adjustments, to fingerprint impressions.
In conclusion, Documentary Evidence offers a tangible and often objective record of facts, providing a valuable means to establish the truth. The Act’s provisions surrounding Documentary Evidence ensure its proper usage and prevent manipulation, contributing to the fairness and integrity of the judicial process. Courts rely on this evidence to unravel complexities, make informed decisions, and uphold justice in a systematic manner.
