What is meant by Primary and Secondary Evidence? In which cases secondary evidence relating to documents may be given? Explain?

The evidence regarding documentary evidence is mainly of two types – Primary and Secondary Evidence. Section 62 to 65 of the Indian Evidence Act, 1872 lays down provisions regarding both
 

Primary Evidence 

Section 62 of the Act defines the primary evidence. According to it, “Primary Evidence means the documents itself produced 
Section 62 Primary evidence – Primary evidence means the document itself produced for the inspection of the Court.
This section defines primary evidence whereas; section 63 deals with secondary evidence. Primary evidence means that the original document is itself presented before the Court. If the document is executed in several parts, each part is primary evidence of the document and where a document is executed in counterparts, each counterpart is primary evidence against the party signing it. 
                                                           Original evidence = Primary evidence 

Examples – 
 
Printing, Lithography or photography. Each copy of newspaper is primary evidence. However, photocopy in the absence of original is not admissible in evidence.
Case - Murarka Properties (P) Ltd. & Anr vs Beharilal Murarka And Others on 30 November, 1977

Section 63 Secondary Evidence - 

Secondary evidence includes 
(1) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy.
(2) Copies made from or compared with the original 
(3) Counterparts of documents as against the parties who did not execute, them
(4) Oral accounts of the contents of a document given by some person who has himself seen it.

Section 64 – Proof of documents by primary evidence - 
Provides that documents must be proved by primary evidence except in the cases hereinafter mentioned, i.e. the cases provided in section 65

Section 65 Cases in which secondary evidence relating to documents may be given - 
(1) When the original is shown or appears to be in the possession of someone against whom it is to be produced or who is out of reach.
(2) When the existence, conditions or content of the document have been proved to be admitted in writing by the party against whom it is to be proved or by his representative in interest;
(3) When the original is destroyed or loss or for some reason. 
(4) If the documents are bulky and cannot be moved. 
(5) When the original is a public document within the meaning of section 74;
(6) When he original is a public document of which a certified copy is permitted by this act, or by any other law in force in India, to be given in evidence; 
(7) When the original consists of a lot of accounts or documents which cannot be conveniently examined by the court and the fact to be provided is a general result of the whole collection. 

After meeting the necessary circumstances, if secondary evidence has been admitted by the court without any objection by the other party, the other party cannot object over it at a later stage. In Ranvir singh vs uol( AIR 2005 SC 3467), Xerox copies of sale deed were marked as the exhibit without any objection, the Supreme Court did not permit any objections to it, at a later stage. 

Section 65. 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 section 66, 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 the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence to be given in evidence
(g) when the originals consist of numerous accounts or other documents that cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.