Author Topic: secondary evidence is a faithful and accurate reproduction of the document whose  (Read 3249 times)

bpagrawal

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The court must be satisfied that the document sought to be introduced as secondary evidence is a faithful and accurate reproduction of the document whose copy it purports to be.
The argument of the learned counsel, in my opinion, is based on a very narrow and technical approach to the meaning of this section. The argument also ignores the import of the words 'means and includes' in the beginning of the section. According to the ordinary rules of interpretation of statutes where in the definition of any term, the legislature intends to include certain things within the meaning of the term defined the phrase 'include' is usually employed and from this must be inferred a legislative intent to give an enlarged meaning to that word. The word 'include' therefore, is normally a term for extension of scope of definition and not used in any way to restrict the meaning. In such a case the definition has to be read as enlarging its meaning and when so construed, it should be deemed to be comprehending all that it may signify according to its natural import and would include all that is specifically intended to be included within the meaning of the term according to the definition given in the Act.
 For the reasons I have already given earlier, I am of the opinion that the scope of Section 63 is not restricted to its five clauses but leaves enough scope for those cases which do not strictly fall within any of those enumerated therein. The term 'includes' leaves some scope for a case like the present one. The Court must, however, be satisfied that the document sought to be introduced as secondary evidence is a faithful and accurate reproduction or draft of the final document whose copy it purports to be.

Allahabad High Court
Smt. Lachcho vs Dwari Mal on 5 August, 1985
Equivalent citations: AIR 1986 All 303
http://http://www.lawweb.in/2013/03/the-court-must-be-satisfied-that.html