Who can prove a document?
That can only be proved by somebody who knows about the document itself or who was a party to making the document or had verified the document or approved it or signed it with knowledge of its contents. This is because evidence must be direct primary evidence under Sections 60 to 62 of the Act.
Can a Xerox copy be admitted by court?
As held by the Apex Court in the case of Bitot Das (supra), unless the foundation for producing the secondary evidence is laid, the xerox copy is not admissible in evidence. Section 65 of the Evidence Act deals merely with the foundation that has to be laid for reception of secondary evidence.
Which document is not admissible without formal proof?
Certified copies of the private documents are not admissible in court unless the proof of original document is submitted. Example: Correspondence between persons; matter published in newspapers, books; deed of the contract; memorandum; sale deed.
How can I prove my court location?
8 Creative Ways of Proving Your Location for Your Legal Case (Even If You Have No Witnesses)
- Why Might You Need to Prove an Alibi?
- People Regularly Present at that Location.
- CCTV Footage.
- Your Google Maps Location History.
- Your Electronic Transactions History.
- Building Access Records.
- Your Private-Hire Ride History.
Are photographs admissible evidence?
Under the “silent witness” theory, photographic evidence is admissible if the process used to produce the photograph is accurate and reputable. Thus, before photographic evidence is used at trial, the trial attorney must consider the purpose of the photographic evidence and the need for expert testimony.
What are 5 different secondary sources of history?
Typical secondary sources include:
- Scholarly Journal Articles. Use these and books exclusively for writing Literature Reviews.
Why a photograph is considered a secondary evidence?
Secondary evidence is evidence that has been reproduced from an original document or substituted for an original item. For example, a photocopy of a document or photograph would be considered secondary evidence. Courts prefer original, or primary, evidence. They try to avoid using secondary evidence wherever possible.
When can secondary evidence related to documents be given?
Primary evidence is that which the law requires to be given first and the Secondary evidence is that such can be given in the absence of the primary evidence. According to Section 63 of the Indian Evidence Act, copies made and compared with the originals or photostat copies may be treated as secondary evidence.
Who gather evidence after recording the statement?
Section 164 of the code gives power to the Metropolitan Magistrate or judicial magistrate to record confession and statements during the course of investigation under chapter 12 or under any law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.