Section 65 of IEA : Section 65: Cases in which secondary evidence relating to documents may be given.

Explanation using Example

Example 1:

Scenario: Ramesh is in a legal dispute with Suresh over a property agreement. Ramesh claims that Suresh has the original agreement document, but Suresh refuses to produce it in court.

Application of Section 65(a): Ramesh can provide secondary evidence of the agreement if he can show that the original document is in Suresh's possession and Suresh has not produced it despite being given notice under Section 66 of the Indian Evidence Act, 1872. This could include a photocopy of the agreement or testimony about its contents.

Example 2:

Scenario: Priya is trying to prove that she paid a large sum of money to her business partner, Anil. The original receipt was destroyed in a fire.

Application of Section 65(c): Priya can present secondary evidence, such as a photocopy of the receipt or testimony from a witness who saw the original receipt, to prove the payment. Since the original was destroyed without Priya's fault, secondary evidence is admissible.

Example 3:

Scenario: A government office is involved in a case where a public document, such as a land registry record, needs to be presented in court.

Application of Section 65(e): The office can submit a certified copy of the land registry record as secondary evidence. According to Section 74 of the Indian Evidence Act, public documents can be proved by certified copies.

Example 4:

Scenario: A company is in a legal dispute over financial transactions recorded in numerous account books.

Application of Section 65(g): The company can provide a summary of the accounts as secondary evidence. An expert who has examined the account books can testify about the general result of the documents, as examining each document individually in court would be impractical.

Example 5:

Scenario: Sunita is in a legal battle over a will that was admitted in writing by her brother, who is now contesting it.

Application of Section 65(b): Sunita can use the written admission by her brother as secondary evidence to prove the existence and contents of the will. The written admission itself is admissible as evidence.

Example 6:

Scenario: A large piece of machinery, which is the subject of a contract dispute, cannot be brought to court due to its size and immovability.

Application of Section 65(d): The party can provide secondary evidence, such as photographs, diagrams, or expert testimony, to describe the machinery and its condition, as the original is not easily movable.