Legal Question in Criminal Law in India

Re: criminal law

Secondary evidence is permissible. Though the primary Proof of a document is that document itself. However, while proving a document as a secondary evidence other proofs can be adduced to prove the document, its contents etc.

Therefore, merely on loss of original document, a criminal case can not come to an end.

Re: criminal law

Please contact your Advocate who is contesting the case and yes the court has discretion to admit secondary evidencec under the evidence act.

Re: criminal law

Yes Court has discretion to admit secondary evidence under evidence Act

Re: criminal law

Since the case is pending in court, your Advocate has access to all the documents and in full know of the factual situation. Please refer to your Advocate for appropriate advice.

However, in general, there is no bar in registering a criminal case on the basis of photostat copy of a document. A case can be registered without a document also depending upon the nature of complaint and allegations one is making. The police need not to depend upon the document but is required to conduct an independent investigation about the contents/execution of the doucment.