Evidence as to matters in writing
AI Assist
Summary
If a witness is giving evidence about a contract, grant or other disposition of property and the matter was in a document, the court can require that document to be produced before the witness describes its contents. The opposing party may object to the witness giving such evidence until the document is produced or facts are proved that allow secondary evidence. A witness may still repeat statements made by others about a document if those statements are independently relevant facts.
Example
Priya is testifying in a dispute over a land sale and is asked whether the sale was in a written agreement. She says it was in a contract and starts to describe the terms. The other side objects, and the court requires production of the contract or proof allowing secondary evidence before the witness can give details.
Bare Act
Enacted textAny witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, or if he is about to make any statement as to the contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who called the witness to give secondary evidence of it.
Explanation.-A witness may give oral evidence of statements made by other persons about the contents of documents if such statements are in themselves relevant facts.
Illustration.
The question is, whether A assaulted B. C deposes that he heard A say to D-"B wrote a letter accusing me of theft, and I will be revenged on him". This statement is relevant, as showing A's motive for the assault, and evidence may be given of it, though no other evidence is given about the letter.
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