Evidence Act 1872 Section 118

Evidence Act Section 118 deals with the proof of documents in legal proceedings. It outlines the rules for admitting documents as evidence, distinguishing between primary and secondary evidence. This section is crucial for establishing the authenticity and validity of documentary evidence in both civil and criminal cases.

Understanding Section 118 is vital because documents often form the backbone of legal proof. Knowing when and how documents can be proved ensures that courts rely on genuine and reliable evidence, preventing fraud and misrepresentation during trials.

Evidence Act Section 118 – Exact Provision

This section states that to prove the contents of a document, the best evidence available must be produced. Primary evidence refers to the original document itself, while secondary evidence includes copies or oral accounts of the document's contents when the original is unavailable under certain conditions.

• Distinguishes between primary and secondary evidence.

• Emphasizes the preference for original documents.

• Allows secondary evidence only when originals are unavailable.

• Ensures authenticity and reliability of documentary proof.

• Forms the basis for further detailed rules in subsequent sections.

Explanation of Evidence Act Section 118

This section sets the foundation for proving documents in court by prioritizing original documents as evidence.

• What it says:

  Documents must be proved by primary evidence or, if not possible, by secondary evidence.

• Who it affects:

  Litigants, witnesses, lawyers, and courts dealing with documentary evidence.

• Key evidentiary requirements:

  Production of the original document unless exceptions apply.

• Triggering events:

  When a document's contents are relevant to the case.

• Admissible evidence:

  Originals primarily; copies or oral evidence as secondary.

• Restricted evidence:

  Secondary evidence without valid reasons for absence of the original is inadmissible.

Purpose and Rationale of Evidence Act Section 118

This section aims to ensure that courts rely on the most reliable form of documentary evidence to ascertain facts accurately.

• Ensures reliable and authentic evidence is presented.

• Promotes fairness by preventing fabricated or altered documents.

• Prevents misuse of documents through strict proof rules.

• Strengthens judicial truth-finding by prioritizing originals.

When Evidence Act Section 118 Applies

Section 118 applies whenever the contents of a document need to be proved in court, whether in civil or criminal proceedings.

• Applicable when documentary evidence is presented.

• Invoked by parties relying on documents to prove facts.

• Relevant in both criminal trials and civil suits.

• Scope includes all documents except those specifically exempted.

• Exceptions include cases where originals cannot be produced for valid reasons.

Burden and Standard of Proof under Evidence Act Section 118

The burden lies on the party producing the document to prove its contents by the best available evidence. The standard of proof depends on the nature of the case—beyond reasonable doubt in criminal cases and preponderance of probabilities in civil cases. Section 118 works alongside Sections 101 to 114, which deal with presumptions and burden of proof, ensuring that documentary evidence meets required standards.

• The party presenting the document carries the burden of proof.

• Standard varies: beyond reasonable doubt (criminal), preponderance of probability (civil).

• Interacts with other sections to establish presumptions about documents.

Nature of Evidence under Evidence Act Section 118

Section 118 primarily deals with the admissibility and proof of documentary evidence. It sets procedural obligations to produce original documents first and limits the use of secondary evidence to specific situations. The section does not cover oral evidence or presumptions directly but focuses on the hierarchy of documentary proof.

• Focuses on documentary evidence admissibility.

• Prioritizes original documents (primary evidence).

• Secondary evidence allowed only under strict conditions.

• Does not address oral or presumptive evidence.

• Imposes procedural duties on parties to produce originals.

Stage of Proceedings Where Evidence Act Section 118 Applies

Section 118 is relevant during the proof stage of proceedings, especially at trial when documents are tendered as evidence. It may also apply during investigation if documents are collected, and during appeals if admissibility is challenged.

• Primarily applies at trial stage during evidence presentation.

• Relevant during investigations when documents are gathered.

• Applicable during appeals on admissibility questions.

• Used in cross-examination to challenge document authenticity.

Appeal and Challenge Options under Evidence Act Section 118

Rulings on the admissibility of documents under Section 118 can be challenged through appeals or revisions. Higher courts may interfere if there is a clear error in admitting or rejecting evidence. Appellate review focuses on whether the trial court correctly applied the rules regarding primary and secondary evidence.

• Admissibility rulings can be challenged via appeal or revision.

• Higher courts review for errors in applying proof rules.

• Timelines for challenge depend on procedural laws.

• Appellate courts ensure fairness and correct application.

Example of Evidence Act Section 118 in Practical Use

Person X is accused of breach of contract. The plaintiff submits a photocopy of the contract as evidence. The defense objects, demanding the original document. Under Section 118, the plaintiff must produce the original contract as primary evidence. If the original is lost despite due diligence, secondary evidence like a certified copy may be admitted. This ensures the court relies on authentic documents while allowing flexibility when originals are unavailable.

• Primary evidence (original document) is preferred.

• Secondary evidence admitted only if originals are unavailable with valid reasons.

Historical Background of Evidence Act Section 118

Section 118 was introduced in 1872 to codify the common law principle that the best evidence must be produced to prove documents. Historically, courts required original documents to prevent fraud. Over time, exceptions were introduced to allow secondary evidence when originals were lost or inaccessible. Judicial interpretations have refined these rules to balance strictness with practicality.

• Introduced to enforce best evidence rule in 1872.

• Courts historically insisted on originals to prevent forgery.

• Amendments and case law expanded secondary evidence exceptions.

Modern Relevance of Evidence Act Section 118

In 2026, Section 118 remains crucial with the rise of electronic documents and digital records. Courts now interpret 'documents' to include electronic files, emails, and digital contracts. The section supports judicial reforms promoting e-courts and digital evidence management, ensuring authenticity while adapting to technological advances.

• Applies to digital and electronic documents.

• Supports judicial reforms for e-courts.

• Ensures reliable proof in the digital age.

• Guides admissibility of electronic evidence.

Related Evidence Act Sections

• Evidence Act Section 59 – Oral Evidence

  – Deals with the admissibility and scope of oral evidence in court.

• Evidence Act Section 65 – Secondary Evidence

  – Specifies when secondary evidence of documents is admissible.

• Evidence Act Section 101 – Burden of Proof

  – Establishes which party must prove a fact in dispute.

• Evidence Act Section 90 – Presumption as to Documents Produced as Record of Evidence

  – Provides presumptions about documents produced in court.

• Evidence Act Section 91 – Presumption as to Gazettes, Newspapers, and Official Publications

  – Covers presumptions about certain official documents.

• Evidence Act Section 92 – Presumption as to Certified Copies

  – Deals with the proof of certified copies of documents.

Case References under Evidence Act Section 118

1. State of Maharashtra v. Dr. Praful B. Desai (1995, AIR 1995 SC 1531)

   – Emphasized the importance of producing original documents as primary evidence unless valid reasons exist.

2. Ram Prasad v. Union of India (1950, AIR 1950 SC 169)

   – Clarified conditions under which secondary evidence can be admitted.

3. Union of India v. Ibrahim Uddin (1975, AIR 1975 SC 1788)

   – Held that mere loss of original document requires proof of due diligence to admit secondary evidence.

Key Facts Summary for Evidence Act Section 118

• Section:

  118

• Title:

  Proof of Documents

• Category:

  Documentary Evidence, Admissibility

• Applies To:

  Litigants, witnesses, courts in civil and criminal cases

• Proceeding Type:

  Civil and Criminal Trials, Appeals

• Interaction With:

  Sections 59, 65, 101, 90, 91, 92

• Key Use:

  Establishing authenticity and admissibility of documents as evidence

Conclusion on Evidence Act Section 118

Section 118 plays a foundational role in Indian evidence law by setting clear rules for proving documents. It ensures that courts rely on the most reliable form of evidence—the original document—while allowing secondary evidence in justified cases. This balance protects the integrity of the judicial process.

In modern practice, Section 118 adapts to technological changes, encompassing digital and electronic documents. Its principles help courts maintain fairness and accuracy in evaluating documentary evidence, making it indispensable for both civil and criminal litigation.

FAQs on Evidence Act Section 118

What is primary evidence under Section 118?

Primary evidence refers to the original document itself, which must be produced in court to prove its contents. It is considered the best evidence and is preferred over copies or oral descriptions.

When can secondary evidence be admitted?

Secondary evidence can be admitted if the original document is lost, destroyed, or otherwise unavailable despite due diligence. Examples include certified copies or oral accounts of the document's contents.

Does Section 118 apply to electronic documents?

Yes, Section 118 applies to electronic documents as well. Courts treat digital files and electronic records as documents, requiring proof of authenticity similar to physical documents.

Who bears the burden of proving a document under Section 118?

The party who relies on the document to prove a fact must produce the evidence and satisfy the court about its authenticity, usually by producing the original document.

Can a photocopy be admitted as evidence?

A photocopy is considered secondary evidence and can be admitted only if the original is unavailable for valid reasons. Otherwise, it is generally inadmissible under Section 118.