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