SECONDARY EVIDENCE

What is a secondary evidence ?

S. 63 secondary evidence is
generally include certified copy
under the Evidence Act or are made
from the original or oral accounts of
the contents

 S. 63 defines 5 types of secondary

evidence.
The definition itself is not exhaustive.
The conditions which need to be
satisfied before secondary evidence
may be given is set out in s. 65.

(a) Certified copies given under the

provisions hereinafter contained
The expression certified copies is defined in s. 76
(certified copies of public document).
A certified copy is sufficient secondary evidence of
the existence, condition and contents of a
document but not of its execution.
S. 79 presumes that certified copies are genuine.
S. 77 and s. 78 provides for the proving of certain
public documents by certified copies.
Cases:
Chow Eng v PP [1924] 4 FMSLR 287
Mohamed Hanifah v PP [1956]MLJ 83

(b) Copies made from the original by

mechanical process and copies compared
with such copies

It is not necessary to compare such a copy with the original

copy. There are two limbs in this clause.
Illustration (a) refers to copies made from the original by
some mechanical process which ensures their accuracy.
Illustration (c) shows that a copy transcribed from and
compared with a copy is inadmissible, but a copy
transcribed from a copy and compared with the original is
secondary evidence.
Cases:
Subrahmanaya Sastry v Laksminaraamma [AIR 1958
Andra Pradesh 22]
PP v Rengaswamy [1974]1 MLJ 223
Kok Kee Keong v PP [1972] 1 MLJ 124
Tsia Dev Enterprise Sdn. Bhd. v Awang Dewa [1984]
1 MLJ 301

(c) Copies made from or compared with the original

Copies of the copy will be

inadmissible under this clause.
But a document may be treated as
secondary evidence if it is transcript
or copied from the original copy.

(d) Counterparts of documents as against

the parties who did not execute them

Counterparts of documents can be

used as against the person who
execute them but it cannot be used
as against third party.

(e) Oral accounts of the contents of a document given by person

who has himself seen or heard it or perceived it by whatever means

It refers to oral testimony which could be

allowed in.
Illustration (d) shows that an oral account of
the contents of the original would be
secondary evidence.
The word seen in this clause means
something more than merely sighting the
document.
If the document is been seen and examined
by someone , he can give direct evidence.

Cases:
Kathar Jute Mills Ltd v Calcutta Match
Works (India) Ltdd. [AIR 1958]
Harjit Singh v Regina [[1963]29 MLJ
287
Chiew Wui Kiet & Anor v Chong Fook
Tien & Anor [1971] 2 MLJ 158
Syarikat Jengka Sdn. Bhd. V Abd.
Rashid [1981] 1 MLJ
Dato Mohd Anuar Embong & Anor v
BBMB [1997] 2 CLJ