Evidence – Attested copy – It is secondary evidence, and cannot be weighed in as original

fiogf49gjkf0d

Attested copy admittedly is a secondary evidence not the one which can be weighed as original. Only when the original is shown or appears to be in possession or power of person against whom document is sought to be proved, or of any person out of reach of, or not subject to, process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in section 66, such person does not produce it; when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest; when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time; when the original is of such a nature as not to be easily movable; when the original is a public document within the meaning of section 74; when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in (India) to be given in evidence; when the originals consist of numerous accounts or other documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection, may also be discussed if the prosecution satisfies that the most vital circumstance appearing in the case about their (accused appellants) confession was questioned to explain while they were examined u/s. 313 of the Cr. P.C.

2013 (290) ELT 28 (Pat.) Azaz Khan vs. Union of India