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Indian Evidence Act

  • 27 Nov, 2023

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Difference between Primary and Secondary Evidence

Primary

Secondary

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 Sec-63.

Primary Evidence itself is admissible. It is the main source of Evidence.

Secondary Evidence is admissible in the absence of the Primary Evidence. It is an alternative source of Evidence.

Sec-62 of the Evidence Act defines Primary Evidence

Sec-63 of the Indian Evidence Act defines Secondary Evidence

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 Sec-65.

Giving Primary Evidence is general rule.

Giving Secondary Evidence is exception to the general rule.

No notice required before giving Primary Evidence.

Notice is required to be given before giving Secondary Evidence.

The value of Primary Evidence is highest.

The value of Secondary Evidence is not that of Primary Evidence

 

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