Evidence Act 1893 · 2020 Revised Edition · Part 2 · Proof
67. Cases in which secondary evidence relating to documents may be given
Feedback & supportSecondary evidence may be given of the existence, condition or contents of a document admissible in evidence in the following cases:
evidence
“evidence” includes —(a)all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; and(b)all documents produced for the inspection of the court: such documents are called documentary evidence;
when the original is shown or appears to be in the possession or power of —
the person against whom the document is sought to be proved;
any person out of reach of or not subject to the process of the court; or
any person legally bound to produce it,and when, after the notice mentioned in section 68, such person does not produce it;
when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his or her representative in interest;
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 or her own default or neglect produce it in reasonable time;
when the original is of such a nature as not to be easily movable;
when the original is a public document within the meaning of section 76;
when the original is a document of which a certified copy is permitted by this Act or by any other law in force for the time being in Singapore to be given in evidence;
when the originals consist 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.
In cases (a), (c) and (d) in subsection (1), any secondary evidence of the contents of the document is admissible.
document
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;
In case (b) in subsection (1), the written admission is admissible.
In case (e) or (f) in subsection (1), a certified copy of the document but no other kind of secondary evidence is admissible.
In case (g) in subsection (1), evidence may be given as to the general result of the documents by any person who has examined them and who is skilled in the examination of such documents.