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IEA, 1872
Start Practicing
IEAChapter VSection 65
Section65

Cases in which secondary evidence relating to documents may be given

AI Assist

Summary

Secondary evidence about a document's existence, condition or contents is admissible when the original cannot be produced for specified reasons: it is with the opposite party or someone beyond the court's reach who, after notice, fails to produce it; it is admitted in writing; it is lost or destroyed or cannot be produced through no fault of the party; it is not easily movable; it is a public document; a certified copy is allowed; or it is a large collection where only the general result is needed. Which kind of secondary proof is allowed depends on the ground: written admission, certified copy, other secondary evidence, or an expert's summary of the whole.

Example

Priya sues a former tenant for unpaid rent and the tenant keeps the original rental agreement. After the court's notice the tenant does not produce it. Priya may prove the agreement's contents by secondary evidence such as a copy or a witness who examined the document.

Bare Act

Enacted text

Secondary evidence may be given of the existence, condition, or contents of a document in the following cases—

  • (a) When the original is shown or appears to be in the possession or power—
    of the person against whom the document is sought to be proved, or of any person out of reach of, or not subject to, the process of the Court, or
    of any person legally bound to produce it,
    and when, after the notice mentioned in section 66, such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

(d) when the original is of such a nature as not to be easily movable;

(e) when the original is a public document within the meaning of section 74;

(f) when the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence2;

(g) when the original consists of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection.
In cases (a), c and (d), any secondary evidence of the contents of the document is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.
In case (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.

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V

Chapter V

Of Documentary Evidence

In this chapter

  • 61Proof of contents of documents
  • 62Primary evidence
  • 63Secondary evidence
  • 64Proof of documents by primary evidence
  • 65Cases in which secondary evidence relating to documents may be given
  • 65ASpecial provisions as to evidence relating to electronic record
  • 65BAdmissibility of electronic records
  • 66Rules as to notice to produce
  • 67Proof of signature and handwriting of person alleged to have signed or written document produced
  • 67AProof as to digital signature
  • 68Proof of execution of document required by law to be attested
  • 69Proof where no attesting witness found
  • 70Admission of execution by party to attested document
  • 71Proof when attesting witness denies the execution
  • 72Proof of document not required by law to be attested
  • 73Comparison of signature, writing or seal with others admitted or proved
  • 73AProof as to verification of digital signature
  • 74Public documents
  • 75Private documents
  • 76Certified copies of public documents
  • 77Proof of documents by production of certified copies
  • 78Proof of other official documents
  • 79Presumption as to genuineness of certified copies
  • 80Presumption as to documents produced as record of evidence
  • 81Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents
  • 81APresumption as to Gazettes in electronic forms
  • 82Presumption as to document admissible in England without proof of seal or signature
  • 83Presumption as to maps or plans made by authority of Government
  • 84Presumption as to collections of laws and reports of decisions
  • 85Presumption as to power-of-attorney
  • 85APresumption as to electronic agreements
  • 87Presumption as to books, maps and charts
  • 88Presumption as to telegraphic messages
  • 88APresumption as to electronic messages
  • 89Presumption as to due execution, etc. of documents not produced
  • 90Presumption as to documents thirty years old
  • 90APresumption as to electronic records five years old
Previous · Section 64Proof of documents by primary evidenceNext · Section 65ASpecial provisions as to evidence relating to electronic record