Section 68 of Evidence Act CAP 80: Proof of documents by secondary evidence
(1) 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—
(i) the person against whom the document is sought to be proved; or
(ii) a person out of reach of, or not subject to, the process of the
court; or
(iii) any person legally bound to produce it, and when, after the notice required by section 69 of this Act has been given, such person refuses or fails to produce it;
(b) when the existence, condition or contents of the original are proved to be admitted in writing by the person against whom it is proved, or by his representative in 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 a reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 79 of this Act;
(f) when the original is a document of which a certified copy is permitted by this Act or by any written law to be given in evidence;
(g) when the original consists of numerous accounts or other documents which cannot conveniently be examined in court, and the fact to be proved is the general result of the whole collection.
(2) (a) In the cases mentioned in paragraphs (a), (c) and (d) of subsection (1), any secondary evidence of the contents of the document is admissible.
(b) In the case mentioned in paragraph (b) of subsection (1) of this section, the written admission is admissible.
(c) In the cases mentioned in paragraphs (e) and (f) of subsection (1) of this section, a certified copy of the document, but no other kind of secondary evidence, is admissible.
(d) In the case mentioned in paragraph (g) of subsection (1) of this section, evidence may be given as to the general result of the accounts or documents by any person who has examined them, and who is skilled in the examination of such accounts or documents.
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- Section 69 - Notice to produce a document
Secondary evidence of the contents of the documents referred to in section 68(1)(a) of this Act shall not be given unless the party proposing to give such secondary evidence has previously given to...
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- Section 71 - Proof of execution of document required by law to be attested
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- Section 72 - Proof where no attesting witness found
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- Section 73 - Admission of execution of attested document
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If the attesting witness denies or does not recollect the execution of a document, its execution may be proved by other evidence.
- Section 75 - Proof of document not required to be attested
An attested document not required by law to be attested may be proved as if it was unattested.
- Section 76 - Comparison of signatures, seals, etc.
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- Section 81 - Proof by certified copies
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- Section 82 - Proof of certain public documents
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- Section 97 - Written contracts and grants
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- Section 99 - Evidence to explain a patent ambiguity
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- Section 101 - Evidence to explain a latent ambiguity
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- Section 106 - Wills
Nothing in this Part shall affect the law relating to the interpretation and construction of wills or other testamentary dispositions.
- Section 106A - Section 106B to apply in proof of electronic records
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