Evidence as to matters in writing
AI Assist
Summary
A witness can be asked whether the contract, grant or other transfer they are testifying about was contained in a document. If the witness says it was, or is about to state the document’s contents and the court thinks the document should be produced, the other party can object until the document is produced or facts allow secondary evidence. A witness may also relate relevant statements made by others about a document.
Example
Priya testifies that a rental agreement with Karan existed and that its terms were in a written lease. When Priya tries to describe the lease terms, the other party objects and the court requires the lease to be produced or facts allowing secondary evidence before she can testify to its contents.
Bare Act
Enacted textAny witness may be asked, whilst 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.
Explanations
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.
Illustrations
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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