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

Section 65 IEA Bare Act Text

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

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.

Source: Section 65, Indian Evidence Act, 1872

Section 65 IEA in Simple Words

When Section 65 IEA Applies

• A party may give any secondary evidence of a document when the original is held or controlled by the opposing party, someone beyond court process, or someone legally bound to produce it, and that person does not produce the original after notice under Section 66 IEA.
• A party may give any secondary evidence of a document when the original is destroyed or lost, or cannot be produced in reasonable time without default or neglect by the party offering the evidence, or when the original cannot be easily moved.
• A party may prove what an original document states, its condition, or its existence through a written admission when that admission is proved against the opposing party or a representative in interest.
• A party may give a certified copy in evidence when the original is a public document under Section 74 IEA or a document for which the Act or another Indian law permits a certified copy.
• A person skilled in examining documents who has inspected numerous accounts or other documents that are too bulky for convenient inspection in court may give evidence of the overall result of the collection.

Example of Section 65 IEA

When Section 65 IEA Does Not Apply

• Under clause (a), secondary evidence cannot be given unless the person who has possession or power over the original fails to produce the document after receiving the notice mentioned in Section 66 IEA.
• Under clause (c), when an original is not lost or destroyed, a party who cannot produce the original in reasonable time cannot give secondary evidence if that inability comes from default or neglect by that party.
• Under clauses (e) and (f), no form of secondary evidence other than a certified copy of the document is admissible.

Section 65 IEA in the BSA

FAQs on Section 65 IEA

Sections Related to Section 65 IEA