Report No. 185
In the 69th Report, it was observed that no amendment of section 64 is necessary. We respectfully agree.
Clause (a) of Section 65:
(A)We are of the view that the two paras in clause (a) of section 65 be numbered as sub clauses (i) and (ii) and clause (aa) be added, as follows:
"(a) when the original is shown or appears to be in the possession or powe.-
(i) 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 and such person does not produce the original; or
(ii) of any person legally bound to produce it, and such person, after receiving the notice mentioned in section 66, does not produce it; or
(aa) when the original is shown or appears to be in the possession or power of any person not legally bound to produce it, and such person, after receiving notice from the Court at the instance of any party to produce the original, does not produce it."
(B) In our view, no clarification is necessary so far as clause (a) to (d), (g) are concerned but it is necessary in the last part of the penultimate para of the section, where negative words are used, to substitute the following words:
"In case (e) or (f), unless some other clause of this section applies, certified copy of the document, but no other kind of secondary evidence, is admissible", shall be substituted for the words,
"In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible."
The 69th Report suggested that in the above clause, the words "unless some other clause of this section applies" be added, as stated above.
Clause (b) of Section 65
In the 69th Report, it was stated (see para 30.15) that no changes are required in clause (b) of section 65. (see also below clauses (d) to (g) of section 65).
Clause (c) of Section 65:
This clause need not be amended. Clauses (d) to (g) of Section 65: These clauses require no change.
Sections 65A & 65B
Sections 65A & 65B: These sections were introduced by Act 21/2000. We do not think that any amendment is necessary in this section.