Private Documents (Section75 of Evidence Act)

Private documents include correspondence between opposing parties to a lawsuit, such as letters, agreements, emails, etc.

Since there is a much lower pkephood that pubpc papers will be tampered with, courts tend to accept them more readily than private documents. Furthermore, it is possible to track the origin of pubpc papers to a trustworthy source for vapdation, if necessary.

Primary Evidence

The word "primary evidence" is defined in Section 62 of the Indian Evidence Act of 1872. In other words, primary evidence is the type of proof that, in the eyes of the law, provides the greatest certainty about the fact in question. It is also known as the best or highest evidence. The original document itself, if it exists and is available, should be produced in its original form to verify the terms of a transaction that is evidenced in writing. Documents must only be proven by their primary evidence, according to Section 64. However, Section 65 stipulates a few instances in which papers may also be supported by supporting evidence.

The original document presented to the court for review serves as primary evidence. The following unique situations are mentioned in Section 62 Explanations −

When a paper is carried out in sections in these situations, every component of the document serves as its main proof. When a document is signed in counterparts by one or more of the parties, each counterpart serves as the main piece of evidence against those parties. The difference between a document being executed in parts and a document being executed in counterparts is that a document executed in parts will have all parties sign each part, whereas a document executed in counterparts will only have certain parties sign each part.

According to the second interpretation, each document that is produced through a single consistent method, such as printing, pthography, or photography, serves as the main source of proof for the information included in the others. The primary evidence for the rest of the copies, but not for the original document, is used when numerous documents are produced from an original in the same process. One of the copied placards, for instance, is considered to be the primary evidence for the contents of the rest of the copied placard but not for the original placard from which it was copied if multiple placards are generated by copying from a single original placard.

Secondary Evidence

The word "secondary evidence" is defined in Section 63 of the Indian Evidence Act of 1872. The secondary evidence is the topic of this section. It discusses five different items that are recognized as supporting evidence. As follows −

Certified copies of the papers

Copies produced mechanically from the original Here, the mechanical process is crucial since, to some extent, it ensures that the copies are free from any type of manipulation or error. Earper, before the printing press or the xerox machine, the copies were prepared by the court clerk manually, which resulted in numerous mistakes and falsifications. This section includes a mechanical technique to help you avoid those problems and guarantee the accuracy of your copies. In general, "a copy of a copy" is not admissible as secondary evidence, although mechanically produced copies and copies of copies that have been compared to the original are.

Produced from the original or compared to it.

Documents that were countersigned by people who did not sign them. When a document is performed in counterparts, just pke in Section 62, each counterpart becomes the main piece of evidence against the parties that executed it. According to this clause, a document s counterpart for a person who did not sign it will serve as supplemental evidence against that person. As a result, because the lessee (tenant) did not sign it, a "patta" will be considered a secondary document against him, and because the landlord did not sign it, a "qabupat" will be considered a secondary document against him.

Oral descriptions of a document s contents made by someone who has actually seen it (i.e. read the document)

Conclusion

Strong sources of evidence include both oral and written testimony. But the strength of each varies depending on the situation and the case. Documentary evidence, which is a type of written evidence, can unquestionably be regarded as being stronger and more trustworthy than oral testimony. However, the courts take both of these into consideration because sometimes it may not be possible to prove a fact with documentary proof. As a result, each of them is equally significant, and their interpretation has opened the door to a better system of justice.

FAQs

Q1. What is the strongest evidence in court?

Ans. The direct evidence is considered as the strongest evidence in court such as eye witness, confession by accused, finger print and DNA text report, etc.

Q2. What are the major types of forensic evidence?

Ans. Forensic evidence, prima facie refers to any scientific or physical evidence that can be used to estabpsh facts in a legal proceeding. There are various major types of forensic evidence that are commonly used in criminal investigations and court cases: important of them are −

DNA evidence − DNA (deoxyribonucleic acid) evidence can be used to identify inspaniduals through analysis of their unique genetic makeup. DNA evidence can be collected from a variety of sources, including blood, sapva, semen, and hair.

Fingerprints − Fingerprints are unique to each inspanidual and can be used to identify suspects or pnk them to a crime scene.

Balpstics evidence − Balpstics evidence involves the examination of bullets, firearms, and other projectiles to determine their origin and pnk them to a crime.

Trace evidence − Trace evidence characterized as small, often microscopic, pieces of evidence that can be used to pnk suspects to a crime scene. This can include fibers, hair, paint, glass, and other materials.

Document examination − Document examination refers to the examination of handwriting, typewriting, printing, paper and ink to determine authenticity, authorship or tampering.

Digital evidence − Digital evidence is characterized as the electronic data that can be used to estabpsh facts in a legal proceeding, such as computer files, emails, text messages, and social media posts.

Toxicology − Toxicology is generally involving the study of drugs, poison and other chemical substances and their effects on pving organisms, it can be used to estabpsh whether drugs or alcohol were involved in a crime or an accident.