Cases in which secondary evidence relating to documents may be given.

What this section does

Secondary evidence of the existence, condition, or contents of a document is admissible in seven specified situations: when the original is in the possession of the opposing party, a person beyond the Court's process, or a person legally bound to produce it who fails to do so after notice; when the original's contents are admitted in writing by the opponent; when the original is destroyed, lost, or cannot be produced without default of the party; when the original is not easily movable; when it is a public document; when a certified copy is permitted by law; or when the originals are too numerous for convenient Court examination. The Explanation specifies which type of secondary evidence is admissible in each case.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Secondary evidence of a document is admissible only in the seven enumerated circumstances, with the type of secondary evidence permissible varying according to the applicable circumstance.

When it applies

• Where the original agreement is in the possession of the defendant who refuses to produce it after notice, the plaintiff may give secondary evidence of its contents.
• Where the original of a public document is held in a government office and is not easily movable, a certified copy is the only permissible secondary evidence.

Derived from IEA s.65.