Section 64 BSA: Rules as to notice to produce

Section 64 BSA Bare Act Text

64. Rules as to notice to produce

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.

Source: Section 64, Bharatiya Sakshya Adhiniyam, 2023

Section 64 BSA in Simple Words

When Section 64 BSA Applies

• A party who proposes to give secondary evidence of the contents of a document under clause (a) of Section 60 BSA must first give a notice to produce the original document.
• The notice to produce must be given previously to the party who has possession or power over the document, or to the advocate or representative of that party.
• The notice must follow what the law prescribes, or if no notice is prescribed by law, must be a notice that the court finds reasonable in the case.

Example of Section 64 BSA

When Section 64 BSA Does Not Apply

• Notice to produce is not required in any case where the court thinks fit to excuse the requirement, when the document being proved is a notice itself, or when the nature of the case makes clear to the opposing party that producing the original will be required.
• Notice to produce is not required when proof or circumstances show that the opposing party took possession of the original through fraud or force, or when the opposing party or an agent has the original in court or has admitted that the document is lost.
• Notice to produce is not required when the person who has possession of the document is beyond the reach of, or not subject to, the process of the court.

Section 64 BSA in the IEA (Previous Law)

FAQs on Section 64 BSA