Difference between Primary and Seconday Evidence

December 16, 2022

Primary and Seconday Evidence

Every justice system relies significantly on evidence. Every case that is presented before a court of law must be backed by evidence because it enables the court to determine if the arguments put forth by the parties are credible. Evidence is important from the point of a case being admitted in court until the verdict is delivered.

  • Primary Evidence

Documents produced before a court of law for examination are referred to as primary evidence and are thought to be of the utmost standard. Primary evidence is defined under Section 62 of the Indian Evidence Act, 1872, which states that when a document is divided into parts, each portion constitutes a part of the primary evidence. However, the documents cannot be regarded as primary proof of the original work if they are simply replicas of an  original work. 

  • Secondary Evidence

The Evidence Act’s section 63 defines secondary evidence. It is seen as less reliable evidence since it is adopted when there is no direct evidence. Any and all copies of the original document or work indicated in Section 63 are considered to be secondary evidence. On the grounds that original papers are missing or unavailable, permission from the court must be obtained before submitting secondary evidence. As an alternate source of evidence, it holds little credibility in court.

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