Section 66 Indian Evidence Act

Indian Evidence Act, 1872 [Act 1 of 1872]

Part II - On Proof

Chapter V / 5 :  Of Documentary Evidence

IEA 66 : Section 66 of the Indian Evidence Act:

Rules as to notice to produce.—Secondary evidence of the contents of the documents referred to in section 65, clause

(a) , 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, 1[or to his attorney or pleader,] 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:—Secondary evidence of the contents of the documents referred to in section 65, clause (a), 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, 1[or to his attorney or pleader,] 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:—

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

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

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

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

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

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

India's Important Case Laws and Landmark Judgments on IEA - Section 66 Indian Evidence Act 1872:

Behram Khurshed Pesikaka vs The State Of Bombay.Reference  on 19 February, 1954 - Supreme Court of India 

Behram Khurshed Pesikaka vs The State Of Bombay on 24 September, 1954 - Supreme Court of India 

K. Krishna Appala Naidu vs B. Sohanlal And Ors. on 30 April, 2004 - Andhra High Court 

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

Namburu Bulli Veera Bhadra Prasad vs Vegi Venkata Satyanarayana  on 16 December, 1997 - Andhra High Court 

Chhaganji Khengarji And Anr. vs State Of Gujarat on 22 August, 1969 - Gujarat High Court 

Hameed And Ors. vs Kanhaiya on 27 July, 2004 - Allahabad High Court 

Ram Das Singh And Another vs Duli Chand on 17 April, 2013 - Allahabad High Court 

Salman Salim Khan vs The State Of Maharashtra on 10 December, 2015 - Bombay High Court 

Saudul Azeez vs District Judge, Gorakhpur on 21 September, 1999 - Allahabad High Court