Section 90 Evidence Act 2011
Section 90 Evidence Act 2011 is titled ‘Nature of secondary evidence admissible under section 89‘. It is under Part V (DOCUMENTARY EVIDENCE) of the Act. It states 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 (e) 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;
(e) in paragraph (h), the copies cannot be received as evidence unless it is first 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 of the ship’s articles and of any agreement supporting his case, without notice to produce the originals.