Section 90 of the Evidence Act 2011 – What it Says and All You Need to Know.
Table of Contents
Section 90 of the Evidence Act 2011 Provides as Follows:
(1) The secondary evidence admissible in respect of the original documents referred to in the several paragraphs of section 89 is as follows-
(a) in paragraphs (a), (c) and (d), any secondary evidence of the contents of the document is admissible;
(b) in paragraph (b), the written admission is admissible:
(c) in paragraph (c) or (f), a certified copy of the document, but no other secondary evidence, is admissible;
(d) in paragraph (g), 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; and
(e) in paragraph (h), the copies cannot he received as evidence unless it is first be proved that-
(i) the book in which the entries copied were made was at the time of making one of the ordinary books of the bank.
(ii) the entry was made in the usual and ordinary course of business,
(iii) the book is in the control and custody of the bank, which proof may be given orally or by affidavit by an officer of the bank; and
(iv) the copy has been examined with the original entry and is correct, which proof must be given by some person who has examined the copy with the original entry, and may be given orally or by affidavit.
(2) When a seaman sues for his wages he may give secondary evidence or the ship’s articles and of any agreement supporting his case, without notice to produce the originals.
Other Relevant Sections:
- Section 91 of the Evidence Act 2011
- Section 92 of the Evidence Act 2011
- Section 93 of the Evidence Act 2011