Legal World

Section 64 BSA — Rules as to notice to produce

Bharatiya Sakshya Adhiniyam, 2023 · Official PDF page 24

Open in NyayaOfficial PDF, page 24

64.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.

Text extracted from the official PDF (Ministry-published 2024 source copy). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.