“The Best Evidence Rule” – Explained!

Otherwise, it would be impossible to test, by cross examination, the truth of the testimony; and the law rejects the evidence which cannot adequately be tested. Hearsay evidence is not evidence; it is only in exceptional cases that such evidence is admissible.

Similarly, where the transaction sought to be proved is primarily evidenced by a writing, the writing itself must be produced or accounted for. It is only in the absence of best or primary evidence that the Court will accept what is known as secondary evidence. Secondary evidence will never be received until the party tendering it proves that it is out of his power to obtain the best evidence.

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