Section 65 of IEA : Section 65: Cases In Which Secondary Evidence Relating To Documents May Be Given

Explanation using Example

Imagine a scenario where a person, Mr. Sharma, is involved in a civil lawsuit regarding a property dispute. Mr. Sharma claims that he has a signed contract with the defendant that proves his ownership of the property. However, he cannot present the original document in court because it was accidentally destroyed in a house fire.

In this situation, Section 65 of the Indian Evidence Act, 1872 allows Mr. Sharma to present secondary evidence to support his claim. As per clause (3) of Section 65, since the original contract has been destroyed and the loss was not due to Mr. Sharma's own fault, he can provide a photocopy of the contract or a witness who saw the contract and can testify to its contents as secondary evidence.