65.
Cases in which secondary evidence relating to documents may
be given.- Secondary evidence may be given of the
existence, condition, or contents of a document in the following
cases:-
(a) 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;
(b) when the existence, condition or contents
of the original have been proved to be admitted in writing
by the person against whom it is proved or by his representative
in interest;
(c) when the original has been destroyed
or lost, or when the party offering evidence of its contents
cannot, for any other reason not arising from his own default
or neglect, produce it in reasonable time;
(d) when the original is of such a nature
as not to be easily movable;
(e) when the original is a public document
within the meaning of section 74;
(f) when the original is a document of which
a certified copy is permitted by this Act, or by any other
law in force in India to be given in evidence;
(g) when the original consists of numerous
accounts or other documents which cannot conveniently be examined
in Court and the fact to be proved is the general result of
the whole collection.
In cases (a), (c) and (d), any secondary
evidence of the contents of the document is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of
the document, but no other kind of secondary evidence, is
admissible.
In case (g), evidence may be given as to
the general result of the documents by any person who has
examined them, and who is skilled in the examination of such
documents.
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