Comparison View

Formal Consolidation |  1997 RevEd
Secondary evidence
65.  Secondary evidence means and includes —
(a)certified copies given under the provisions hereinafter contained;
(b)copies made from the original by electronic, electrochemical, chemical, magnetic, mechanical, optical, telematic or other technical processes, which in themselves ensure the accuracy of the copy, and copies compared with such copies;
(c)copies made from or compared with the original;
(d)counterparts of documents as against the parties who did not execute them;
(e)oral accounts of the contents of a document given by some person who has himself seen it.
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Illustration

    (a)  A photograph of an original is secondary evidence of its contents, though the 2 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 of a document in the form of a print-out, or image on a monitor screen, retrieved from a magnetic or optical storage device, such as a tape, hard disk, laser disc or CD-ROM, is secondary evidence of the contents of the document if it is shown that the copy retrieved from the storage device satisfies the conditions providing for the admissibility of such output.

    (d)  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.

    (e)  Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine-copy of the original is secondary evidence of the original.

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Informal Consolidation | Amended Act 4 of 2012
Secondary evidence
65.  Secondary evidence means and includes —
(a)certified copies given under the provisions hereinafter contained;
(b)except for copies referred to in Explanation 3 to section 64, copies made from the original by electronic, electrochemical, chemical, magnetic, mechanical, optical, telematic or other technical processes, which in themselves ensure the accuracy of the copy, and copies compared with such copies;
[Act 4 of 2012 wef 01/08/2012]
(c)copies made from or compared with the original;
(d)counterparts of documents as against the parties who did not execute them;
(e)oral accounts of the contents of a document given by some person who has himself seen it.
[8/96]
Illustrations

    (a)  A photograph of an original is secondary evidence of its contents, though the 2 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)  [Deleted by Act 4 of 2012 wef 01/08/2012]

    (d)  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.

    (e)  Neither an oral account of a copy compared with the original nor an oral account of a photograph or machine-copy of the original is secondary evidence of the original.

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