A true copy or photo copy of the original document is “secondary evidence” under the provisions of the Evidence Act. This Act mandates that a document must be proved by its “primary evidence” which means that the original document itself should be produced in the court for its inspection. However, in certain situations, secondary evidence is also permissible.
In the facts stated by you, the original document has been lost. This situation is covered in clause (c) of Section 65 of the Evidence Act. In this situation, any type of secondary evidence is admissible in court (out of five types of secondary evidence mentioned in Section 63 of the said Act), including production of the photo copy or true copy. However, for doing that, first you’ll have to show to the court that the original document has been lost; thereafter, you can produce the photo copy or the true copy of such document to prove the document.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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