Center For Legal Learning

DOCUMENTARY EVIDENCE: This is proof of facts by document. The definition of document under section 258 of the Evidence Act is wide, it covers, graphs, plans or drawing inscribed on any substance. This will include writings or drawings on buildings.

a) Primary Evidence: This is the document itself.
b) Secondary Evidence: This is evidence that has been reproduced from the original document, such as a photocopy of a document. It also includes oral accounts of the content of a document.

Only primary evidence is admissible for proof of a content of a document. However, in certain circumstances, the court may allow secondary evidence.

ELECTRONIC EVIDENCE
This refers to evidence produced from a computer. (S. 84 of the Evidence Act 2011).
S. 258 defines a computer as any device for storing and processing information. This includes mobile phones, special calculators capable of storing data etc.