Law of Evidence

PROOF OF DOCUMENTS
Group – C
To believe without evidence and
demonstration is an act of ignorance and folly

- Socrates
 3

MODES OF PROVING DOCUMENT

Primary
Secondary
Evidence
Evidence
S 61
S 63
S 64
S 65
S 62
 4

PROOF OF CONTENTS OF DOCUMENT

(S 61)

The contents of documents may be proved either by primary or secondary evidence.

The contents of documents must be proved either by the production of document

which is called primary evidence or by copies or oral accounts of contents which are
called secondary evidence.
 5

PROOF OF DOCUMENTS BY PRIMARY

EVIDENCE (S 64)
S. 64 enumurates that Documents must be proved by primary evidence except in
the case hereafter (mentioned in 65)

CONTINUED
 6

PRIMARY EVIDENCE (S 62)

Primary evidence means the document itself produced for the inspection of the
Court.

1.-Where a document is executed in several parts, each part is primary evidence of the
document.

2- Where a document is executed in counterpart, each counterpart being executed

by one or some of the parties only, each counterpart is primary evidence as against the
parties executing it.

3- Where a number of documents are all made by one uniform process, as in the case
of printing, lithography or photography, each is primary evidence of the contents of
the rest; but, where they are all copies of a common original, they are not primary
evidence of the contents of the original.
 7

SECONDARY EVIDENCE (S 63)

Secondary evidence means and includes—

 Certified copies given under the provisions hereinafter contained;

 Copies made from the original by mechanical processes which in themselves insure
the accuracy of the copy, and copies compared with such copies;
 Copies made from or compared with the original;
 Counterparts of documents as against the parties who did not execute them;
 Oral accounts of the contents of a document given by some person who has
himself seen it.
 8

PROOF OF DOCUMENTS BY Secondary

EVIDENCE (S 65)
1.- When the original is in possession and power

(i) Of the opposite party; or

(ii) Of a person who is out of the reach of, or not subject to, the process of the court;
(iii) Of any person legally bound to produce it and when such person does not
produce it after demand, i.e. notice under section 66
2- When the existence, conditions or contents of the original are admitted in writing by
the person against whom it is proved

3- When the original is lost or destroyed

CONTINUED
 9

PROOF OF DOCUMENTS BY
SECONDARY EVIDENCE (S 65)
4- When its production is physically impossible or highly inconvenient;

5- When the original is a public document

6- When the original is one of which a certified copy is permitted by this Act;

7- When the original consists of numerous accounts or other documents which can not
be conviniently examined in court
 10

Rules as to notice to produce (S. 66)

Secondary evidence of the contents of the documents referred to in section 65, clause
(a), shall not be given unless the party proposing to give such secondary evidence has
previously given to the party in whose possession or power the document is, or to his
Advocate, such notice to produce it as is prescribed by law; and if no notice is
prescribed by law, then such notice as the Court considers reasonable under the
circumstances of the case:

Provided that such notice shall not be required in order to render secondary evidence
admissible in any of the following cases, or in any other case in which the Court thinks
fit to dispense with it:–
 11

Rules as to notice to produce (S. 66)

(1) when the document to be proved is itself a notice;

(2) when, from the nature of the case, the adverse party must know that he will be
required to produce it;

(3) when it appears or is proved that the adverse party has obtained possession of the
original by fraud or force;

(4) when the adverse party or his agent has the original in Court;

(5) when the adverse party or his agent has admitted the loss of the document;

(6) when the person in possession of the document is out of reach of, or not subject to,
the process of the Court.
Section 65 (a) (New Amendment)

The contents of electronic record may be

proved in accoirdance with the provisions of
section 65 (B)
 13

ADMISSIBILITY OF DIGITAL RECORD

S. 65B (1) (New Amendment)
Any Information
Contained in
digital record

 Electronic Shall be also deemed to be a

Record Produced by a document if conditioned
 Printed On Computer mentioned in this section is
Paper satisfied
 Stored,
Recorded or
copied in
Magnetic or
Optical media

CONTINUED
 14

ADMISSIBILITY OF DIGITAL RECORD

S. 65B (2) (New Amendment)

The
information
The computer It was operating contained in
was being used properly and if it was digital
regularly and Infromation was record
not then the gap
by the person regularly fed into derived from
should not have been
having lawful that computer such
such to affect the
control over the record information
computer fed into
ordinary
course

CONTINUED
 15

ADMISSIBILITY OF DIGITAL RECORD

S. 65B (3) (New Amendment)

Different Any other

Any activity combination manner
Different computer of
regularly By combination of
operating in
involving
performed by computer Computers successiv
succession operating in
computer e
succession operation

Shall be treated as single computer

CONTINUED
 16

ADMISSIBILITY OF DIGITAL RECORD

S. 65B (4) Certificate (New Amendment)

Particulars of In
Statement
Identify the device showing Statement of relation
Signed by a
Electronic that the digital showing compliance to the
person
record and record was to section 65 b (2) operation
occupying a
Describe the produced by conditions relavant
responsible
manner computer device
position
(pendrive, CD)
in which it was
produced

The statement shall be evidence of any matter in the

certificate
CONTINUED
 17

PERFORMA OF CERTIFICATE u/s 65B of Evidence Act, 1872 for CCTV footage
Certificate under section 65B of Indian Evidence Act, 1872
This is to certify that I am .........and reside/ work at ........I am owner/ incharge / user of the DVR installed at (location), the description of the
DVR is as follows:
Electronic Record: Description of the document to be proved (CCTV footage)
DVR:
Manufacturing :
Model:
Serial Number:
Software : other information (if any)
I certify the aforesaid Video footage generated from the above DVR that :
The recording contained in the above DVR were generated into it in the ordinary course of activity/usage of the DVR which was into
my possession/control.
During the period .....to.......the above mentioned DVR was operating properly and there have been no such operational problems so
as to affect the accuracy of the electronic record.
During this period, the DVR was in my possession ans safe custody and its software have built in security mechanisms i.e. Password
Protected Access Control etc. The electronic record generated from the above DVR has been derived from the information fed into
it and is a true extract of the data in the aforesaid mobile.
The above said mobile is in working conditions, till today i.e. ........when the output was taken from the aforesaid DVR. the data
transferred on CD/DVD/PEN DRIVE have been done by technical expert in my presence.
I am computer literate and having ................qualification in IT.
The above stated matter is true to the best of my knowledge and belief.
Sd/-
( Name and Designation of the Certifying Officer) ********************************************************************************

CONTINUED
 18

ADMISSIBILITY OF DIGITAL RECORD

S. 65B (5)
A computer
output shall be
taken to have
been produced
If the information is
whether it is so by computer
infomation shall suplied by any
supplied directly whether it is so
be taken to be official in course of
or (with or produced
supplied to a his activities with a
without human directly or (with
computer if it is view to storing
intervention) by or without
supplied thereto information even if
means of any human
in any the computer is
appropriate intervention) by
appropriate form operated outside
equipment; means of any
those activities
appropriate
equipment;
 19

PROOF OF SIGNATURE OR
HANDWRITING (S. 67)

If a document is alleged to be signed or to have been written wholly or in part by any

person, the signature or the handwriting of so much of the document as is alleged to
be in that person's handwriting must be proved to be in his handwriting.
 20

PROOF AS TO DIGITAL SIGNATURE (S. 67A)

(New Amendment)

Except in the case of a digital signature, if the digital signature of any subscriber is
alleged to have been affixed to an electronic record the fact that such digital signature
is the digital signature of the subscriber must be proved
 21

PROOF AS TO VERIFICATION OF DIGITAL

SIGNATURE (S. 73A) (New Amendment)
73A. Proof as to verification of digital signature.—In order to ascertain whether a digital
signature is that of the person by whom it purports to have been affixed, the Court may
direct—"
(a) that person or the Controller or the Certifying Authority to produce the Digital Signature
Certificate;
(b) any other person to apply the public key listed in the Digital Signature Certificate and
verify the digital signature purported to have been affixed by that person.
Explanation.—For the purposes of this section, “Controller” means the Controller
appointed under sub-section (1) of section 18 of the Information Technology Act, 2006
(Act No. 39 of 2006)
Section 68-73
 Attestation

If Admits If Deny

If Prove that
Required Can be used document by
as evidence other evidence
IF MADE IF NOT (s 71)

Produce one Can not be

attesting used as
witness (s.68) evidence
 Registration

Prove
Directly (s
68)

Mandatory

IF REGISTERED IF NOT REGISTERED

BUT IN CASE OF WILL EVEN IF

REGISTERED THIS SECTION WON”T
No attesting APPLY (S 68)
witness Can not be
required used as
s. 68 evidence
PROOF OF EXECUTION OF DOCUMENT
REQUIRED BY LAW TO BE ATTESTED (S. 68)

If a document is required by law to be attested, it shall not be used as

evidence until one attesting witness at least has been called for the
purpose of proving its execution, if there be an attesting witness alive,
and subject to the process of the Court and capable of giving evidence

Provided that it shall not be necessary to call an attesting

witness in proof of the execution of any document, not being a will,
which has been registered in accordance with the provisions of the
Registration Act, 1908, unless its execution by the person by whom it
purports to have been executed is specifically denied.
PROOF WHERE NO ATTESTING WITNESS CAN BE FOUND (S.
69)
1. If no such attesting witness can be found, or
2. If the document purports to have been executed in the united kingdom,
3. It must be proved that the attestation of one attesting witness at least is in his
handwriting, and that
4. The signature of the person executing the document is in the handwriting of that
person.

THE ATTESTATION OF AT LEAST

NO WITNESS FOUND ONE ATTESTING WITNESS IS IN HIS
HANDWRITING
OR
TWO THINGS
IF MUST BE PROVED AND
DOCUMENT EXECUTED
IN UNITED KINGDOM THE SIGNATURE OF THE PERSON
EXECUTIING THE DOCUMENT IS IN THE
HANDWRITING OF THAT PERSON
26
ADMISSION OF EXECUTION BY PARTY TO ATTESTED
DOCUMENT (S. 70)

The admission of a party to an attested document of its execution by

himself shall be sufficient proof of its execution as against him, though it
be a document required by law to be attested.

Admission of execution by party

Sufficient proof of execution

Even though the document required by law to be attested

PROOF OF DOCUMENT NOT REQUIRED BY
LAW TO BE ATTESTED (S. 72)

An attested document not required by law to be

attested may be proved as if it was unattested..
PROOF WHEN ATTESTING WITNESS
DENIES THE EXECUTION (S. 71)

If the attesting witness denies or does not recollect the

execution of the document, its execution may be proved by
other evidence.

Other Evidence means

• Opinion of Handwriting Expert (S 47)
• Person acquainted with the handwriting of the person (s. 47)
• whom it is supposed to be written or signed that it was or was not written or signed by that
person
Rest are discussed in Section 73
 COMPARISON OF SIGNATURE, WRITING OR
SEAL WITH OTHERS (S. 73)

Compare with other document (not

Whether it necessary that such signature, writing or
If the is a seal were produced or proved earlier for
question in other purposes)
signature, Court may for it
front of the
court before
writing or satisfaction
admitting or seal of a
proving that particular Ask such person to write any words or
person draw figures
Extraordinary claims require extraordinary
evidence.

― Carl Sagan
 32

Group C signs off