Q.S.O Article 76 | Cases in which secondary evidence relating to documents may be given.

Q.S.O Article 76

Cases in which secondary evidence relating to documents may be given.

Secondary evidence may be given of the existence, condition or contents of a document in the following cases:—

(a) when the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Article 77 such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time ;

(d) when, due to the volume or bulk of the original, copies thereof have been made by means of microfilming or other modern devices ;

(e) when the original is of such a nature as not to be easily movable ;

(f) when the original is public document within the meaning of Article 85 ;

(g) when the original is a document of which a certified copy is permitted by this Order, or by any other law in force in Pakistan, to be given in evidence ;

(h) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection ;

(i) when an original document forming part of a judicial record is not available and only a certified copy thereof is available, certified copy of that certified copy shall also be admissible as a secondary evidence.

• In cases (a), (c), (d) and (e), any secondary evidence of the contents of the document is admissible.
• In case (b), the written admission is admissible.
• In case (f) or (g), certified copy of the document, but no other kind of secondary evidence, is admissible.
• In case (h), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such document.