Section 65 Indian Evidence Act

Indian Evidence Act, 1872 [Act 1 of 1872]

Part II - On Proof

Chapter V / 5 :  Of Documentary Evidence

IEA 65 : Section 65 of the Indian Evidence Act:

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 1[India] to be given in evidence2; 1[India] to be given in evidence2;"

(g) when the originals 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.

India's Important Case Laws and Landmark Judgments on IEA - Section 65 Indian Evidence Act 1872:

Smt. Rekha Rana And Ors. vs Smt. Ratnashree Jain on 17 August, 2005 - Madhya Pradesh High Court 

Jamuna Prasad & Ors. vs Shivnandan & Ors on 29 July, 2011 - Madhya Pradesh High Court 

G. Chikkapapanna Alias G.C. vs Smt. Kenchamma (Deceased) By L.Rs on 19 June, 1998 - Karnataka High Court 

Gordhan Lal Agarwal vs Shri Mali Ram &Anr on 21 January, 2013 - Rajasthan High Court 

Kashibai Martand vs Vinayak Ganesh And Ors. on 22 February, 1955 - Bombay High Court 

Arunkumar Pritmalal And Anr. vs Ramanlal Shagubhai on 21 January, 1974 - Gujarat High Court 

Sarvabhauman vs Notavailable on 27 March, 2013 - Madras High Court 

M/S Electro Mechanical Enginee vs Additional District Judge Fast on 1 August, 2012 - Rajasthan High Court 

Yeshwant Rambhau Chondhe Since vs Vilas Bapurao Shinde Since on 28 June, 2007 - Bombay High Court 

Mr. Bharat Singh vs Mr. Hemant Dutt on 16 February, 2015 - Rajasthan High Court - Jodhpur