following are the notable points distinction between the Primary and Secondary Evidence.



No

Primary Evidence

Secondary Evidence

1)

Primary Evidence is original document which is presented to the court for its inspection.


Secondary Evidence is the document which is not original document but those documents which are mentioned in Section.63.

2)

It is the main source of Evidence.

It is an alternative source of Evidence.


3)

Section 62 of the Evidence Act defines Primary Evidence

Section 63 of the Indian Evidence Act defines Secondary Evidence


4)

Primary Evidence is the best Evidence

Secondary Evidence is not best evidence but is evidence of secondary nature and is admitted in exceptional circumstances mentioned in Section 65.


5)

Giving Primary Evidence is general rule.

Giving Secondary Evidence is exception to the general rule.


6)

Primary Evidence itself is admissible.


Secondary Evidence is admissible in the absence of the Primary Evidence.

7)

No notice required before giving Primary Evidence.

Notice is required to be given before giving Secondary Evidence.



8)

The value of Primary Evidence is highest.

The value of Secondary Evidence is not that of Primary Evidence

6 comments:

  1. Is newspaper primary evidence

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  2. Can media reports be admissible in court?

    ReplyDelete
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