When reviewing a case, the courts use evidence law as a guide to help them reach a decision. The Latin word “evident,” which means “to show clearly” or “to prove,” is where the word evidence originates. Oral and documentary evidence are the two main categories into which evidence is typically separated.
The Indian Evidence Act of 1872 defines documentary evidence in Section 3 and Chapter V, which covers Sections 61 to 65. Section 3 defines documentary evidence, while Sections 61 to 65 specify how a fact may be proved through documentary evidence.
documentary evidence meaning
- Any material or electronic document produced in court to establish or prove a fact is referred to as documentary evidence. Sections 61 through 90A of Chapter 5 of the Indian Evidence Act address it.
- The Act provides broad guidelines for substantiating documentary evidence in a variety of situations. Sections 61 through 66, in particular, offer guidance on how to prove a document’s contents.
documentary evidence examples
- Contracts
- Invoices
- Receipts
- Photographs
- Videos
- Audio Recordings
- Emails
- Text Messages and
- Other Types of Written or Recorded Material.
Types of Documentary Evidence
- Private Documents: Letters, agreements, emails, and other correspondence between the opposing parties in a lawsuit are considered private documents under Section 75 of the Evidence Act. Since public documents are less likely to be tampered with than private ones, courts tend to accept them more readily. Furthermore, public documents can have their provenance traced to a reliable source for verification if necessary.
- Public Documents: Public documents, as defined by Section 74 of the Evidence Act, include certified copies supplied by an authority or copies of entries located in public registers, books, or records pertaining to relevant facts, such as water utility bills, marriage and birth certificates, and police reports.
Provisions of documentary evidence in Indian evidence act
- Section 61 of the Indian Evidence Act: According to this Section, documents’ contents must be supported by either primary or secondary evidence. There are no other ways to verify the information in the document.
- Section 62 of the Indian Evidence Act: This Section states that primary evidence is the original document that was brought before the court for review. With the highest degree of certainty regarding the relevant fact, it is regarded as the best available evidence.
- Section 63 of the Indian Evidence Act: According to this section, the original document’s copy or certified copy serves as secondary evidence. It also permits a person to read the document and then make an oral statement regarding its contents. But only in specific circumstances is this kind of evidence taken into account.
- Section 64 of the Indian Evidence Act: The Indian Evidence Act’s “best evidence” rule for documentary evidence is described in this section. It states that the original document itself is the best proof of its contents. The original document must be presented in court as proof of its contents. There is an exception to this rule, which is Section 65.
- Section 65 of the Indian Evidence Act: The requirements listed in this Section must be met before presenting secondary evidence, and the original’s non-production must be explained in a way that falls under one of the criteria listed. This Section is designed to safeguard the rights of individuals who, because of events beyond their control, are not in a position to present primary evidence.
documentary evidence in Indian evidence act: Important Case Rulings
- In the case of J. Yashoda v K. Shobha Rani, the Indian Supreme Court ruled that if the requirements outlined in Section 65 of the Evidence Act are not met, a duplicate document cannot be admitted as secondary evidence. The Supreme Court upheld the decision of the High Court and denied the appeal in this instance because clause (a) of Section 65 was not followed and it was not possible to obtain the original document to compare it with the copies.
- In the case of K.S. Mohan v Sandhya Mohan, the court decided that a taped statement is admissible as secondary evidence under specific guidelines, bearing in mind that the tape recorder must attest to the statement’s accuracy and that any chance of record tampering should be thoroughly investigated.
Since written evidence is more dependable and less susceptible to manipulation when it is in physical form, documents are often the best source of evidence when proving a point. The best evidence is required by the court, and documentary evidence is the best kind.
Documentary evidence presented as primary evidence is regarded as the most reliable type of evidence; secondary evidence, on the other hand, is not as reliable but is still taken into consideration in extraordinary situations where primary evidence is unavailable. Secondary evidence is essential in assisting courts in rendering decisions and paving the way for justice.
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