Unit III — Character, Oral & Documentary Evidence

“He who asserts a document must, as a rule, produce the document itself — the best evidence the case admits of.” — the best-evidence rule

Character & Oral Evidence

Character evidence is admitted sparingly. In civil cases, the fact that a person’s character is such as to make probable or improbable any conduct imputed to him is generally irrelevant (except where character itself is in issue, or as to damages). In criminal cases, the accused’s good character is relevant (S.49) and may tilt a doubtful case, while his bad character is generally irrelevant (S.50) unless he gives evidence of good character or bad character is itself a fact in issue. A complainant’s character is tightly restricted — notably, in prosecutions for sexual offences, evidence of the victim’s “immoral character” or prior sexual experience is barred to suggest consent.

Oral evidence (S.54, ← IEA S.59) may prove all facts except the contents of documents and electronic records, and it must be direct (S.55, ← IEA S.60) — the witness must have perceived the fact himself (seen, heard, or sensed it). This excludes hearsay; an exception is made for an expert’s published treatise.

Documentary Evidence: Primary & Secondary

flowchart TD
    A["Proving a DOCUMENT"]:::root
    A --> B["PRIMARY evidence (S.57) —<br/>the original document itself"]:::yes
    A --> C["SECONDARY evidence (S.58) —<br/>copies, counterparts, oral accounts"]:::leaf
    C --> D["Allowed only in the S.60 cases:<br/>original with opponent (after notice),<br/>lost/destroyed, not easily movable,<br/>public document, certified copy"]:::leaf

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    classDef yes fill:#E6FFE6,stroke:#1E7A1E,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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The contents of documents are proved by primary or secondary evidence. Primary evidence (S.57, ← IEA S.62) is the original document produced for inspection (each part of a multi-part document, and each copy made by a uniform process, is primary). Secondary evidence (S.58, ← IEA S.63) — certified copies, copies made from the original, counterparts, and oral accounts of the contents — is admissible only in the situations listed in S.60 (← IEA S.65): the original is in the possession of the opponent (or a person out of reach) who fails to produce it after notice; it is lost or destroyed; it cannot be easily moved; it is a public document; or the law allows a certified copy. Finally, S.94 (← IEA S.91–92) — when the terms of a contract, grant or disposition have been reduced to writing, the document itself must be proved and oral evidence is excluded to contradict, vary, add to or subtract from its terms (subject to provisos for fraud, want of consideration, separate oral agreement on a silent point, etc.).

✏️ Sample Solved Problem (IRAC Method)

Problem: The original agreement is in the opponent’s possession; despite a notice to produce, he refuses to produce it. May the plaintiff prove a photocopy?

I — Issue

Whether secondary evidence (a photocopy) of a document is admissible where the original is withheld by the opponent after a notice to produce.

R — Rule

Section 60 (← IEA S.65) — secondary evidence of a document is admissible when the original is in the possession of the person against whom it is to be proved and he, after notice to produce (S.64), fails to produce it.

A — Analysis

The decoy is the best-evidence reflex — “only the original is admissible, so without it the plaintiff fails.” But the best-evidence rule is not allowed to become a shield for a party who withholds the very document: S.60 expressly permits secondary evidence in exactly this situation, so that a litigant cannot defeat proof by sitting on the original. The plaintiff has laid the necessary foundation — the original is with the opponent and a notice to produce has been served and ignored. Having done so, he may now prove the contents by the photocopy.

C — Conclusion

Yes — the plaintiff may prove the document by secondary evidence (the photocopy), the original having been withheld by the opponent after notice (S.60).

📄 The full bundle (₹199) has the complete Unit III — character evidence in civil and criminal cases, oral evidence and the hearsay rule, primary and secondary evidence with every S.60 ground, and the exclusion of oral by documentary evidence — plus the Question Bank’s model answers to the solved problems (sexual-offence character bar, secondary evidence, oral evidence to vary a writing, account-book entries). Get Notes + Question Bank — ₹199