Proof of contents of documents, Primary evidence and
Secondary evidence are defined under section
61, 62 and 63 of Indian Evidence Act 1872.
these sections are:
Section 61 of
"Proof of contents of documents"
The contents of
documents may be proved either by primary or by secondary
Section 62 of
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.
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.
Section 63 of
Secondary evidence means and includes—
(1) certified copies given under the provisions hereinafter
(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.
(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
(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.
the meaning - In civil cases character to prove conduct
imputed, irrelevant In criminal cases previous good
character relevant? Section
52 and 53 of Indian Evidence Act 1872
the meaning Previous bad character not relevant, except in
reply? What is Character as affecting damages? Section
54 and 55 of Indian Evidence Act 1872
the meaning Fact Judicially noticeable need not be proved?
What are the Facts of which Court must take judicial notice? Section
56 and 57 of Indian Evidence Act 1872
the meaning Facts admitted need not be proved? What is Proof
of facts by oral evidence? Oral evidence must be direct Section
58, 59 and 60 of Indian Evidence Act 1872
Proof of contents of documents? What is Primary evidence?
What is Secondary evidence? Section 61, 62 and 63 of Indian Evidence Act 1872
Proof of documents by primary evidence? What are Cases in
which secondary evidence relating to documents may be given? Section
64 and 65 of Indian Evidence Act 1872
Special provisions as to evidence relating to electronic
record? What is Admissibility of electronic records? Section
65A and 65B of Indian Evidence Act 1872
Rules as to notice to produce? What is Proof of signature
and handwriting of person alleged to have signed or written
document produced? Section 66 and 67 of Indian Evidence Act 1872
Proof as to digital signature? What is Proof of execution of
document required by law to be attested? Section 67A and 68 of Indian Evidence Act 1872
Proof where no attesting witness found? What is admission of
execution by party to attested document? Section 69 and 70 of Indian Evidence Act 1872