BSA Section 64: Rules as to notice to produce
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 5: Of Documentary Evidence
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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: \u2014
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 56. Proof of contents of documents
- 57. Primary evidence
- 58. Secondary evidence
- 59. Proof of documents by primary evidence
- 60. Cases in which secondary evidence relating to documents may be given
- 61. Electronic or digital record
- 62. Special provisions as to evidence relating to electronic record
- 63. Admissibility of electronic records
- 65. Proof of signature and handwriting of person alleged to have signed or written document produced
- 66. Proof as to electronic signature
- 67. Proof of execution of document required by law to be attested
- 68. Proof where no attesting witness found
- 69. Admission of execution by party to attested document
- 70. Proof when attesting witness denies execution
- 71. Proof of document not required by law to be attested
- 72. Comparison of signature, writing or seal with others admitted or proved
- 73. Proof as to verification of digital signature
- 74. Public and private documents
- 75. Certified copies of public documents
- 76. Proof of documents by production of certified copies
- 77. Proof of other official documents
- 78. Presumption as to genuineness of certified copies
- 79. Presumption as to documents produced as record of evidence, etc
- 80. Presumption as to Gazettes, newspapers, and other documents
- 81. Presumption as to Gazettes in electronic or digital record
- 82. Presumption as to maps or plans made by authority of Government
- 83. Presumption as to collections of laws and reports of decisions
- 84. Presumption as to powers-of-attorney
- 85. Presumption as to electronic agreements
- 86. Presumption as to electronic records and electronic signatures
- 87. Presumption as to Electronic Signature Certificates
- 88. Presumption as to certified copies of foreign judicial records
- 89. Presumption as to books, maps and charts
- 90. Presumption as to electronic messages
- 91. Presumption as to due execution, etc., of documents not produced
- 92. Presumption as to documents thirty years old
- 93. Presumption as to electronic records five years old