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

Summary

Secondary evidence about a document—such as proof that it exists, what condition it is in, or what it says—can be given in certain situations. These include when the original document is in the possession of the person you are trying to prove it against, or someone who cannot be reached by the court, or someone legally required to produce it, and that person does not produce it after being given proper notice. It can also be given when the other side has admitted in writing what the document says, when the original is lost or destroyed and you are not at fault for not having it, when the original is too bulky to move, when it is a public document, when a certified copy is allowed by law, or when the original is one of many documents that are too numerous to examine in court and you only need to prove the overall result.

In cases where the original is not produced after notice, is lost or destroyed, or is hard to move, any kind of secondary evidence is allowed. If the other side has admitted the document's contents in writing, that written admission itself is the evidence. For public documents or documents where a certified copy is allowed, only a certified copy—not any other type of secondary evidence—can be used. When there are many documents and you only need to show the general result, a person who has examined them and is skilled in that kind of examination can give evidence about that result.

Official Text

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

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;
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;
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;
when the original is of such a nature as not to be easily movable;
when the original is a public document within the meaning of section 74;
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;
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.

Old <-> New Code Mapping

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