Rules as to notice to produce
AI Assist
Summary
Secondary evidence of a document is not admissible unless the party offering it first gives the person who has the original (or their advocate/representative) notice to produce it, in the form prescribed by law or, if none, a notice the Court regards as reasonable. The Court can dispense with that notice in specified cases, for example when the original is in Court, the other side admits loss, the original was taken by fraud or force, the document itself is a notice, or the holder is beyond the Court's process.
Example
Priya has only a photocopy of a sale deed that Rohan holds. Before Priya can rely on the photocopy she must give Rohan or his lawyer notice to produce the original; if Rohan admits he lost the deed, no notice is required.
Bare Act
Enacted textSecondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or representative, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:-
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(a) when the document to be proved is itself a notice;
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(b) when, from the nature of the case, the adverse party must know that he will be required to produce it;
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(c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;
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(d) when the adverse party or his agent has the original in Court;
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(e) when the adverse party or his agent has admitted the loss of the document;
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(f) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.
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