The Law of Evidence - Page 647

626 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES

  1. The rules for proving the genuineness of a document differs according as the document is a public document or a private document.

  2. The mode of proving the genuineness of a public document is stated in Sections 76-78.

  3. The mode of proving the genuineness of a private document is stated in Sections 67-75.

  4. Private documents must generally be proved by the production of the original coupled with the evidence of the handwriting, signature or execution as the case may be. Exception —will may be proved by probate.

  5. The genuineness of public documents may be proved either by the production of certified copies under Section 77 or if they be documents of the kind mentioned in Section 78 the various modes prescribed in that section.

  6. With regard to the burden of the genuineness of a document whether it is public or private, the Evidence Act enacts certain presumptions which are contained in Sections

79-90 although they are not conclusive presumptions.

  1. These presumptions fall into classes:

(1) Those in which the Court shall presume.79-85 and 89.

(2) Those in which the Court may presume.86-88 and 90.

§ When is Primary Evidence dispensed with ?

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§ How are the Contents of a document proved where Primary Evidence is dispensed with ?

  1. By Secondary Evidence.

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§ What is Secondary Evidence ?

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