The original document, when produced in court during evidence, is primary evidence. On the other hand, a photocopy or a Xerox copy of a document, when produced in court, is called secondary evidence.
Now, as per the provisions of the Evidence Act, a document is required to be proved by adducing the primary evidence.
Secondary evidence can be produced only in certain circumstances mentioned in the Evidence Act. For example, when the original document is in the possession of the opponent party, or if it is lost or destroyed, etc. And, then, even in such circumstances, there are certain preconditions subject to which only the secondary evidence can be produced. For example, if the original is in the possession of the opponent party, a notice is first required to be given to that party to produce the original, and if he fails to do so, then only secondary evidence can be produced. If the original has been lost or destroyed, then you have to first adduce evidence of its having been lost or destroyed, and thereafter only the secondary evidence (in the form of a photocopy, for example) should be given in court.
Therefore, you must produce the original documents to prove your case. If you produce only the photocopies of the documents in the court, without complying with the requirements in which only the secondary evidence can be produced, your evidence may be rejected by the court since then such secondary evidence becomes inadmissible in court.
So, try hard to trace the original postal receipt and the original AD card. If possible, obtain information from the post department. If you fail in this, then only submit the photocopies, but after following the procedure as to why can’t produce the original.
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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