Photocopy of document being used as evidence in a forgery case

Tilak Marg Forum for Legal Questions Forums Criminal Law Photocopy of document being used as evidence in a forgery case

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    • #3890
      Anonymous
      Guest

      Sir, I wanted to ask whether a photocopy of an agreement can be an admissible proof of evidence in a dispute of property wherein the question of forgery is involved?

    • #3901

      Under Section 63 of the Evidence Act, a photocopy of a document is secondary evidence.

      As per Section 64, a document is required to be proved by its primary evidence, which means the original document itself being produced in court. However, in certain situations, as laid down in Section 65 of the said Act, secondary evidence can be given. For example, where the original document is shown to be in possession of the person against whom it is to be proved, or where the original document is shown to have been destroyed or lost, etc., secondary evidence in the form of a photocopy may be given, subject to certain conditions. So, it all depends on facts of the case.

      In your case, if the photocopy is to be given for the document which itself is alleged to have been forged, then the question would arise whether forgery can be proved by way of the photocopy of the original document. It is generally very difficult to prove forgery from a photocopy of the document which is alleged to have been forged.

           


      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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