IEA 65 — Cases in which secondary evidence relating to documents may be given

Indian Evidence Act, 1872

Statutory 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 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  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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