Under Indian Evidence Act 1872, Primary Evidence means the document itself, not a copy of it. Primary evidence is considered the most reliable and direct form of evidence. It includes the actual physical document, object, or item in question. For example, the original signed contract, a person's original birth certificate, a weapon used in a crime, or an actual video recording of an event would all be considered primary evidence. The provision of primary evidence Is based on the "Best Evidence Principle i.e. If there is better evidence available , then that must be provided.
While Secondary Evidence means certified or compared copies of, or counterparts of, or oral accounts of documents.
Secondary evidence is considered less reliable than primary evidence but is accepted when primary evidence is not accessible
It's crucial to differentiate between primary and secondary evidence in legal proceedings as it impacts how much weight the evidence holds and whether it can be admitted in court. The aim is to make sure that the information presented in court is accurate and reliable, while also taking into account practical and evidentiary limitations.
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