What is Proof of documents by primary evidence What are
Cases in which secondary evidence relating to documents may
be given Section 64 and 65 of Indian Evidence Act 1872
Proof of documents by primary evidence Cases in which
secondary evidence relating to documents may be given are
defined under section 64 and 65 of Indian Evidence Act 1872.
Provisions under these sections are:
Section 64 of Evidence Act "Proof of documents by
primary evidence"
Documents must be proved by primary evidence except in
the cases hereinafter mentioned.
Section 65 of Evidence Act "Cases in which secondary
evidence relating to documents may be given"
Secondary
evidence may be given of the existence, condition, or
contents of a documents 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 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 evidence ;
(g) when the originals consist of numerous accounts or other
documents which cannot conveniently be examined in court and
the fact to be proved it 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, 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.
What is the meaning - In civil cases character to prove
conduct imputed, irrelevant In criminal cases previous good
character relevant Section 52 and 53 of Indian Evidence Act
1872
What is the meaning Previous bad character not relevant,
except in reply What is Character as affecting damages
Section 54 and 55 of Indian Evidence Act 1872
What is the meaning Fact Judicially noticeable need not be
proved What are the Facts of which Court must take judicial
notice Section 56 and 57 of Indian Evidence Act 1872
What is the meaning Facts admitted need not be proved What
is Proof of facts by oral evidence Oral evidence must be
direct Section 58, 59 and 60 of Indian Evidence Act 1872
What is Proof of contents of documents What is Primary
evidence What is Secondary evidence Section 61, 62 and 63
of Indian Evidence Act 1872
What is Proof of documents by primary evidence What are
Cases in which secondary evidence relating to documents may
be given Section 64 and 65 of Indian Evidence Act 1872
What is Special provisions as to evidence relating to
electronic record What is Admissibility of electronic
records Section 65A and 65B of Indian Evidence Act 1872
What is Rules as to notice to produce What is Proof of
signature and handwriting of person alleged to have signed
or written document produced Section 66 and 67 of Indian
Evidence Act 1872
What is Proof as to digital signature What is Proof of
execution of document required by law to be attested
Section 67A and 68 of Indian Evidence Act 1872
What is Proof where no attesting witness found What is
admission of execution by party to attested document
Section 69 and 70 of Indian Evidence Act 1872
