Section 64 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 64 of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023:
📜 Section 64: Rules as to Notice to Produce
Text of Section 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:(jurisquest.com)
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:(advocatekhoj.com)
(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
🔍 Meaning and Application
Section 64 governs the admissibility of secondary evidence for documents specified in clause (a) of Section 60. Before introducing secondary evidence, the party intending to do so must provide a notice to the opposing party or their legal representative, requesting the production of the original document. If no specific notice procedure is prescribed by law, the court will determine what constitutes a reasonable notice based on the circumstances of the case.
Exceptions to Notice Requirement:
The notice to produce is not required, and secondary evidence may be admissible, in the following situations:
Document is a Notice: When the document to be proved is itself a notice.
Adverse Party's Knowledge: When, from the nature of the case, the adverse party must know that they will be required to produce it.
Fraud or Force: When it appears or is proved that the adverse party has obtained possession of the original by fraud or force
Original in Court: When the adverse party or their agent has the original document in court
Admission of Loss: When the adverse party or their agent has admitted the loss of the document.(
Person Out of Reach: When the person in possession of the document is out of reach of, or not subject to, the process of the court.
⚖️ Illustrative Example
Scenario:
A is involved in a legal dispute with B.
A intends to introduce a photocopy of a contract into evidence.
Before doing so, A must provide B or B's legal representative with a notice requesting the production of the original contract.
Exceptions:
If B has the original contract in court, the notice may not be required.
If B has admitted the loss of the original contract, the notice may not be required.
If B obtained the original contract through fraudulent means, the notice may not be required.
🧭 Purpose and Importance
Ensures Fairness: Protects the rights of the opposing party by ensuring they have an opportunity to produce the original document.
Prevents Abuse: Prevents parties from introducing secondary evidence without first attempting to obtain the original document.(
Promotes Judicial Efficiency: Facilitates the court's ability to assess the authenticity and reliability of documents presented as evidence.
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