Primary and Secondary Evidence
Primary Evidence
Definition: Primary evidence is the original, first-hand evidence that directly proves a fact. It is the original document, object, or material presented for inspection.
Examples:
The original signed contract in a legal case.
The actual video footage from a security camera.
A photograph taken at the scene of an event.
The original diary or manuscript.
Importance: It is considered the best and most reliable evidence because it has not been altered or interpreted by anyone else.
Secondary Evidence
Definition: Secondary evidence is a copy, description, or representation of the original primary evidence. It is used when the primary evidence is unavailable.
Examples:
A photocopy of the original contract.
A transcript or written summary of the video footage.
A photograph of a photograph.
Testimony about the contents of a missing original document.
When used: Secondary evidence is generally admissible only if the primary evidence is lost, destroyed, or cannot be produced for some valid reason.
In summary:
Primary evidence = original, direct proof.
Secondary evidence = substitute or indirect proof used when primary evidence is missing or unavailable.
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