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indian evidence act Exhibiting documents in evidence

notes
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BY LEGAL EXPERT MARCH 7, 2016
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PROVISIONS AS

PER THE INDIAN NEED LEGAL HELP ?

EVIDENCE ACT, 0
AskaQuestion
1872 AND

RELEVANT CASE
1
LAWS:-
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The indian evidence act

notes have been provided
0
in this article for you to
study. The relevant
provisions of the Evidence
Act are stated in brief
hereunder for
convenience:

In Section 3 a fact is said

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to be proved when aer
considering the matters
before it, the Court either
believed it to exist or RECENT POSTS
considers its existence so
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probable that a prudent
matter ought, under the Exhibiting documents in evidence
circumstance of the
indian evidence act notes
particular case, to act
upon the supposition that
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it exists. Similarly,
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are also defined download )

thereunder.

Section 61, under the

heading Of Documentary WHAT IS THIS WEBSITE ABOUT ?
Evidence states that the
This is a Indian Legal blog written to keep you
contents of document
updated about the latest laws in India. You
may be proved either by will find interesting judgements , case studies ,
primary or secondary basic how information about the indian law &
evidence. much more !

Section 62 states that

primary evidence means
the document itself
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produced for the

inspection of the Court.

Section 63 relates to
secondary evidence and
states that secondary
evidence includes, inter
alia, certified, photocopy,
and oral accounts of the
contents of a document
given by some person
who has himself seen it.

Section 64 requires that

documents must be
proved by primary
evidence except in the
cases thereinaer
mentioned.

Section 65 narrates those

cases where secondary
evidence may be of the
existence, condition or
contents of a document.

But it must be noted that

the Courts in plethora of
cases have held that the
mere production of a
document or marking it as
Exhibit will not be
suicient and its
genuineness will have to
be proved in the manner

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laid down in the Evidence

Act.

The Supreme Court in the

case of Narbada Devi
Gupta vs Birendra Kumar
Jaiswal (2003) 8 SCC 745
has held:

The legal position is not

in dispute that mere
production and marking
of a document as exhibit
by the court cannot be
held, to be a due proof of
its contents. Its execution
has to be proved by
admissible evidence that
is by the evidence of
those persons who can
vouchsafe for the truth of
the facts in issue. The
situation is, however,
dierent where the
documents are produced,
they are admitted by the
opposite party, signatures
on them are also admitted
and they are marked
thereaer as exhibits by
the court. We find no force
in the argument advanced
on behalf of the appellant
that as the mark of
exhibits has been put on

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the back portions of the

rent receipts near the
place where the admitted
signatures of the plainti
appear, the rent receipts
as a whole cannot be
treated to have been
exhibited as an admitted
documents.

The Court went on to hold

that once a document is
admitted by a party the
onus of disproving the
same will shi to the
other party.

In the case of Sait Tarajee

Khimchand and Ors. Vs.
Yelamarti Satyam alias
Satteyya and Ors.
(1972)4SCC562 the SC has
held that the mere
marking of an exhibit does
not dispense with the
proof of documents.

In the case of Gujarat

Heavy Chemicals vs Diwan
Mundhra Bros (2012 IXAD
(Delhi) 185) it was held
that reliance cannot be
placed on such
documents whose
receipts are admitted by

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the opposite party but the

contents were denied.

In the Om Prakash Berlia &

anr vs Unit Trust of India
(AIR 1983 Bom 1) the
Honble Bombay High
Court considered the
scheme of the Evidence
Act with regards to the
proof of the documents
and its contents. It
concluded that the Act
requires first and
foremost the production
of the original documents
and if not available then
other secondary evidence
may be given. The Court
held the contents of the
documents cannot be
proved merely by
producing the documents.
To prove the truth of the
contents the evidence has
to be led in the same
manner as a relevant fact
would be proved generally
by calling the author of
the documents, proving
the signature or
handwriting in the said
document, proof by
attesting witness to the
document etc.
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In the case of Sudhir

Engineering vs Nitco
Roadways Ltd. 1995 (34)
DRJ 86, the Honble Delhi
High Court has held that
the mere fact that the
Documents have been
admitted into evidence
does not amount to the
proof of such documents
or the truth of the
contents of the
documents. The
document has to be
proved, disproved or not
proved by forming its
judicial opinion by looking
at the document,
statement of the
witnesses, taking into
consideration the other
circumstantial evidence of
the entire case. The
relevant part of the
judgment is quoted as
under:

Any document filed by

either party passes
through three stages
before it is held proved or
disproved. These are :
First stage : when the
documents are Filed by
either party in the Court;
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these documents though

on file, do not become
part of the judicial record;
Second stage: when the
documents are tendered
or produced m evidence
by a party and the Court
admits the documents in
evidence. A .document
admitted in evidence
becomes a part of the
judicial record of the case
and constitutes evidence
.Third stage: the
documents which are held
proved, not proved or
disproved when the Court
is called upon to apply its
judicial mind by reference
to Section 3 of the
Evidence Act. Usually this
stage arrives 31 the final
hearing of the suit or
proceeding.

..

When the Court is called

upon to examine the
admissibility of a
document it concentrates
only on the document.
When called upon to form
a judicial opinion whether
a document has been

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proved, disproved or not

proved the Court would
look not at the document
alone or only at the
statement of the witness
standing in the box; it
would take into
consideration
probabilities of the case
as emerging from the
whole record.

Documents such as Will,

Agreement to Sell,
Registered Lease Deed,
Adoption Deed etc (all
Private Documents) need
to proved before the
Court.

But it must be noted that

certain documents which
are termed as Public
Documents (Section. 74,
78) need not be proved
before Court. The Court
may presume or shall
presume its validity.
(Section 79-90A)

CONCLUSION (indian
evidence act notes )

To summarize it can be
stated that:

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1. A document if
available in original
must be so produced
and if not the
Secondary Evidence
must be produced
being the photocopy,
certified copy etc.
2. The Document then
has to undergo the
stage of Admission
Denial of Documents. If
the Document is
admitted by the other
party its evidentiary
value increases. But
the admission of
merely the document
itself but a denial of its
contents is not a
complete Admission.
3. The truth of the
contents of the
documents has to be
proved by the party
relying on the
document and merely
its being exhibited in
Evidence is not
suicient. The
contents may be
proved generally by
calling the author of
the documents,

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proving the signature

or handwriting in the
said document,
handwriting expert
opinion, proof by
attesting witness to the
document etc.
4. The Court will
appreciate all the
Evidence in the case i.e
the various contrary
documents exhibited
by the parties, the
surrounding
circumstances of the
case to judge the
veracity of a particular
document before him.

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Indian evidence act notes

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