Documentary Evidence in Indian Evidence Act [Section 61 to 73A]
Documentary Evidence in Indian Evidence Act (Sections 61 to 73A)
Documentary evidence refers to any evidence that is presented in the form of documents or written materials in a court of law.
Key Sections and Their Highlights:
Section 61: Proof by Primary Evidence
Primary evidence means the original document itself.
The contents of documents must be proved by producing the original document.
Secondary evidence (like copies) is only admissible if the original is unavailable for a valid reason.
Section 62: Proof by Secondary Evidence
Secondary evidence can be given if the original document is lost, destroyed, or not available due to reasons beyond the control of the person.
Examples: Certified copies, counterparts, oral accounts of the contents, etc.
Section 63: Cases in Which Secondary Evidence Relating to Documents May Be Given
Specifies situations when secondary evidence is admissible, such as:
When the original is in possession of the opponent who fails to produce it.
When the original is lost or destroyed.
When the original is a public document and cannot be produced.
Section 64: Proof of Documents by Comparing with the Originals
A document can be proved by comparing it with the original if the original is available.
Section 65: Cases in Which Secondary Evidence Relating to Documents May Be Given
Reiterates instances when secondary evidence can be given, such as certified copies, counterparts, or oral accounts of documents.
Section 65A and 65B: Electronic Records
These sections deal with the admissibility and proof of electronic records (digital documents, emails, electronic messages).
Section 65B outlines conditions under which electronic records are considered valid evidence, including certification by a responsible person.
Section 66 to 73A: Various Provisions Related to Documents
Section 66: Proof as to execution of document required when its validity depends on signature or seal.
Section 67: Proof as to electronic messages.
Section 68: Proof of certified copies.
Section 69: Proof of market overt documents.
Section 70: Presumption as to Gazetted documents.
Section 71: Presumption as to documents thirty years old.
Section 72: Presumption as to documents produced as record of evidence in other cases.
Section 73: Presumption as to power-of-attorney granted by persons since dead.
Section 73A: Presumption as to gazetted documents or electronic records purporting to be issued by government servants.
Summary:
The law prefers primary (original) documents as evidence.
Secondary evidence is allowed only under strict conditions.
There are special provisions for electronic records due to technological advances.
Several sections provide presumptions and rules about how documents should be authenticated and proved in court.
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