BSA Section 64 — Rules as to notice to produce

Summary

Secondary evidence of the contents of a document covered by clause (a) of section 60 cannot be given unless the party offering that secondary evidence has first given the party who holds the document, or that party's advocate or representative, a notice to produce it, in the form prescribed by law. If no such notice is prescribed by law, then the notice must be one that the Court considers reasonable in the circumstances of the case.

However, such a notice is not required to make secondary evidence admissible in the following cases, or in any other case where the Court decides to dispense with it: (a) when the document to be proved is itself a notice; (b) when, from the nature of the case, the adverse party must know that they will be required to produce it; (c) when it appears or is proved that the adverse party obtained possession of the original by fraud or force; (d) when the adverse party or their agent has the original in Court; (e) when the adverse party or their agent has admitted the loss of the document; (f) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.

Official Text

Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or representative, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case:

Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:—

(a) when the document to be proved is itself a notice;

(b) when, from the nature of the case, the adverse party must know that he will be required to produce it;

(c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;

(d) when the adverse party or his agent has the original in Court;

(e) when the adverse party or his agent has admitted the loss of the document;

(f) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.

Sections referred to

• BSA §60 — Cases in which secondary evidence relating to documents may be given

Referred to by

• BSA §48 — Evidence of character or previous sexual experience not relevant in certain cases
• BSA §60 — Cases in which secondary evidence relating to documents may be given
• BSA §149 — Questions lawful in cross-examination

Related Judgments

• JAN MOHAMMAD NOOR MOHAMMAD BEGBAN vs STATE OF GUJARAT AND ANOTHER — Supreme Court of India (1965)
• SMT. J. YASHODA vs SMT. K. SHOBHA RANI — Supreme Court of India (2007)
• Karniveedu Pudiyapuril Ali Koya .. Plaintiff vs 1. Brijesh Ranabahadur Singh, 2. Ramprasad Raghvir Yadav (Ahir), 3. Go — Bombay High Court (Mumbai Principal Seat) (2007)

Old <-> New Code Mapping

• IEA §66 — Rules as to notice to produce