Primary evidence
AI Assist
Summary
Primary evidence is the actual document produced for the court to inspect. When a document is in several parts or when counterparts are executed by some parties, each part or counterpart counts as primary evidence for what it contains as to the parties who signed it. If many items are made by one process (printing, lithography, photography), each is primary evidence of the others' contents but not of a separate original they may copy.
Example
Ravi has several placards all printed at the same time from one original plate. If he produces one placard in court, that placard is primary evidence of the contents of the other placards, but it is not primary evidence of the contents of the original plate.
Bare Act
Enacted textPrimary evidence means the document itself produced for the inspection of the Court.
Explanations
(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.
(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.
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