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Section 62 - Indian Evidence Act, 1872
62. Primary evidence
Primary evidence means the documents itself produced for the inspection of the Court.
Explanation 1- Where a document is executed in several parts, each part is primary evidence of the document :
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.
Explanation 2- 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.
Illustrations
A person is shown to have been in possession of a number of placards, all printed at one time from one original. Any one of the placards is primary evidence of the contents of any other, but no one of them is primary evidence of the contents of the original.
Related Sections
- Section 80: Presumption as to documents produced as record of evidence
- Section 146: Questions lawful in cross-examination
- Section 104: Burden of proving fact to be proved to make evidence admissible
- Section 22A: When oral admission as to contents of electronic records are relevant
- Section 81: Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents