Only when conditions prescribed in section 65 are satisfied, documents can be admitted as secondary evidence- original was found to be existence - secondary evidence not admissible

Citation

CDJ 2007 SC 457

Head note

Indian Evidence Act, 1872 – Section 63, Section 65 - Secondary evidence - Photo copies - Section 65 permits secondary evidence to be given of the existence, condition or contents of documents under the circumstances mentioned. The conditions laid down in the said Section must be fulfilled before secondary evidence can be admitted. Secondary evidence of the contents of a document cannot be admitted without non-production of the original being first accounted for in such a manner as to bring it within one or other of the cases provided for in the Section - The admitted facts in the present case are that the original was with one P. S. Only when conditions of Section prescribed in Section 65 are satisfied, documents can be admitted as secondary evidence. In the instant case clause (a) of Section 65 i.e “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” has not been satisfied. Therefore, the High Court's order does not suffer from any infirmity to warrant interference.

Para 9 & 10

Cases Referred:
Ashok Dulichand v. Madahavlal Dube and Another, 1975 (4) SCC 664. (Relied) [Para 9]

Comparative Citations:
2007 (2) KLT 804, 2007 (3) CTC 781, 2007 (4) MLJ 958, 2007 (5) SCC 730, 2007 AIR(SC) 1721, 2007 AIR(SCW) 2713, 2007 (3) ALL MR 823, 2007 (6) BCR 783, 2007 (6) JT 64, 2007 (3) SCC(Cr) 9, 2007 (5) Supreme 293, 2007 (5) ALT 6.2 (DN SC), 2007 (3) SCJ 825, 2007 (5) AD(SC) 369, 2007 (3) LW 1066, 2008 (2) MLJ(Crl) 1772, 2007 (5) SLT 90,

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