Section 56

This rule carries forward a long-standing principle from the Indian Evidence Act, 1872 (earlier Section 61), which recognized that courts need documents to establish facts, but originals aren't always available due to loss, destruction, or being in another party's possession. The law therefore sets up two categories of proof — primary (the original) and secondary (everything else, subject to conditions) — so that justice isn't denied merely because an original document cannot be produced.

Indian courts have long treated this as a foundational rule that must be read together with the provisions defining primary and secondary evidence and the specific conditions under which secondary evidence becomes admissible (such as loss of the original, refusal by the opposite party to produce it, or the original being a public record). Courts have consistently held that secondary evidence cannot be let in as a matter of course — the party wishing to rely on it must first satisfy the court that the specific grounds allowing secondary evidence exist.

• Myth: You can use a photocopy or copy of a document anytime you want, without explanation.
  Fact: Secondary evidence like copies can usually only be used if specific legal conditions are met — for example, the original is lost, destroyed, or the opposing party refuses to produce it despite notice. Courts have held that these conditions must be proved first.
• Myth: Primary evidence and secondary evidence carry equal weight automatically.
  Fact: Primary evidence (the original) is generally preferred and given more evidentiary weight; secondary evidence is only accepted as a substitute when the law permits it and is often scrutinized more closely by courts.