EVIDENCE ACT 1977 - SECT 107
Use of photographing machines
EVIDENCE ACT 1977 - SECT 107
Use of photographing machines
107 Use of photographing machines
(1) For this part, a regulation may
declare a machine to be an approved machine.
(2) Subject to this part, but in
addition to and without derogating from the provisions of section 106(1) , a
print made from a transparency of an original document (being a document made
or used in the course of business) shall be admissible in evidence in a
proceeding to the extent to which the contents of the original document would
have been admissible, whether the document is still in existence or not, upon
proof that the transparency was made in good faith by using a machine that, at
the time the transparency was made, was an approved machine and that the print
is a print of the image on the transparency.
(3) Without prejudice to any
other mode of proof an affidavit purporting to have been made by a person at
or about the time the person photographed a document by means of an approved
machine—
(a) stating the person’s full name, address and occupation and
the person’s functions or duties (if any) in relation to copying documents;
and
(b) identifying or describing the document and indicating whether the
document is itself a reproduction; and
(c) stating the day upon which the
document was photographed, the condition of the document at that time with
respect to legibility and the extent of any damage to the document; and
(d)
stating the person from whose custody or control the document was produced for
photographing or on whose behalf or in the course of whose business the
document was photographed; and
(e) identifying the approved machine and
stating that the photographing was properly carried out in the ordinary course
of business by the use of apparatus and materials in good working order and
condition and in accordance with the conditions (if any) attaching to the
approval of such machine as so notified; and
(f) stating that the document
was photographed in good faith;
shall be evidence, whether such person is
available to be called as a witness or not, that a transparency of the
document referred to in the affidavit was made in good faith by using an
approved machine and bears an image of the document.
