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Copies Prepared by Mechanical Process

Under section 63 read with 79 of the Act, certified copies of documents can be admitted as evidence without requiring formal proof of the original document. However, merely producing a certified copy of a 1896 sale deed was not sufficient to presume due execution of the original document under section 90 when the party failed to prove loss of the original. Where the existence of a document is admitted, the certified copy takes on the character of primary evidence. Photographs and copies produced through mechanical processes like photography and lithography, when properly verified, are generally admissible as evidence to prove the identity of persons, land configurations, or the contents of lost documents.

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Nikhil Kumar
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12 views

Copies Prepared by Mechanical Process

Under section 63 read with 79 of the Act, certified copies of documents can be admitted as evidence without requiring formal proof of the original document. However, merely producing a certified copy of a 1896 sale deed was not sufficient to presume due execution of the original document under section 90 when the party failed to prove loss of the original. Where the existence of a document is admitted, the certified copy takes on the character of primary evidence. Photographs and copies produced through mechanical processes like photography and lithography, when properly verified, are generally admissible as evidence to prove the identity of persons, land configurations, or the contents of lost documents.

Uploaded by

Nikhil Kumar
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Under section 63 read with 79 of the Act, a certified copy of a document can be admitted without any

formal proof.

In the case of a sale deed of 1896, when the party failed to prove the loss of the original but
produced a certified copy, for proving the contents of the document, it was held that mere production
of a certified copy would not be sufficient to justify the presumption of due execution of the original
under section 90.

Where the existence of a document was admitted, it was held that, by such admission, secondary
evidence furnished by a certified copy assumes the character of primary evidence.

2. Copies prepared by mechanical process


The copies prepared by mechanical process and copies compared with such copies is mentioned in
clause 2 of this section. In the former case, as the copy is made from the original it ensure accuracy.
To this category belong copies by photography, lithography, cyclostyle, carbon copies. Section 62
(2) states that, where a number of document are 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 content of the original.

Copies of copies kept in a registration office, when signed and sealed by registering officer, are
admissible for the purpose of proving the contents of the originals.

When prosecution does not establish that the copies in question were made from originals by
mechanical process, no reliance can be placed by prosecution on those copies.

Letter press copies and photographs of writings are secondary evidence

3. Counter foils
The counter foils of rent receipts being an admissible in favour of the landlord are not admissible
against the tenant.

4. Photographs
HALSBURY states “ Photographs properly verified on oath by a person able to speak to their
accuracy are generally admissible to prove the identity of persons, or of the configuration of land as
it existed at a particular moment, or the contents of a lost document”

x-ray photographs are admissible in evidence to determine the extent of a physical injury or disease,
provided it is proved that the photograph is a photograph of the person injured or diseased. The
person who took the photograph should be called, unless his evidence is dispensed with by con

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