Illustrations
(a) A photograph of an original is secondary evidence of its contents though the two have not
been compared, if it is proved that the thing photographed was the original.
(b) A copy, compared with a copy of a letter made by a copying machine is secondary
evidence of the contents of the letter, if it is shown that the copy made by the copying
machine was made from the original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is
secondary evidence; but the copy not so compared is not secondary evidence of the
original, although the copy from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a
photograph or machinecopy of the original, is secondary evidence of the original.
75. Proof of documents by primary evidence. Documents must be proved by primary evidence
except in the cases hereinafter mentioned.
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 representativein 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 ;
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