Supreme Court Clarifies Admissibility of Secondary Evidence in Unstamped Documents

On November 29, 2023, the Supreme Court of India delivered a significant judgment in Civil Appeal No. 4910 of 2023, Vijay v. Union of India & Ors., addressing the admissibility of secondary evidence for unstamped documents. The case revolved around whether the provisions of Section 35 of the Indian Stamp Act, 1899, which bar the admissibility of unstamped documents, apply to a copy of an agreement to sell from 1988 that was produced as secondary evidence.

The Court, led by Justice Sanjay Karol, examined three key issues:

Admissibility of Unstamped Documents: The Court clarified that Section 35's bar on the admissibility of unstamped documents does not apply if the document was not chargeable with duty at the time of its execution. In this case, the agreement to sell executed in 1988 was not liable for stamp duty, and thus, the document could not be barred under Section 35.

Use of Secondary Evidence: The Court affirmed that secondary evidence, including copies of documents, can be admitted if the original is unavailable, provided that legal requirements are met. This includes proper documentation and authentication as outlined in the Indian Evidence Act, 1872.

Applicability of Precedents: The Court distinguished this case from previous judgments, notably Jupadi Kesava Rao v. Pulavarthi Venkata Subha Rao, emphasizing that the earlier case involved documents chargeable with duty, unlike the present case.

Ultimately, the Supreme Court allowed the appeal, overturning the orders of the lower courts, and restored the earlier decision permitting the introduction of secondary evidence. This ruling has profound implications for civil cases involving the admissibility of documents executed before significant legislative amendments, ensuring that parties are not unjustly barred from presenting evidence due to technicalities in the Stamp Act.