Introduction:

This subject plays very important and vital role in our day-to-day court
proceedings. Often the debate takes place between the parties while exhibiting and
admitting any document in evidence. In this regard we are well guided by the
relevant provisions of Evidence Act.

The Evidence includes, besides oral account of facts, all documents produced for
inspection of court. At the outset let us see what is Document.

What is Document?

According to Section 3 of the Evidence Act, “document” means any matter

expressed or described upon any substance by means of letters, figures or marks, or
by more than one of those means intended to be used, or which may be used, for
the purpose of recording that matter. Writing, printing, lithograph, photograph,
map, a plan, an inscription on a metal plate or a stone, a plaque, a caricature etc.
are documents.

At this stage we must bear in mind another principle i.e. “Party must produce the
best evidence in possession or power of the party”. Basically the best evidence is
primary evidence i.e. the document itself. When we say document itself, it
envisage ORIGINAL document, which is called Primary Evidence.

I. Primary Evidence: -

Primary evidence is the best available substantiation of the existence of an object

or fact because it is the actual document or piece of evidence. It differs from
secondary evidence, which is a copy of, or, substitute for, the original. If primary
evidence is available to a party, that person must offer