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Report No. 69

Chapter 30

Secondary Evidence when Admissible

Section 64 and 65

30.1. Introductory.-

We shall now deal with certain important provisions relating to primary and secondary evidence. Our immediate concern will be with three sections whic.- broadly speakin.- (i) lay down the general rule as to primary and secondary evidence, (ii) provide for certain exceptional cases and (iii) deal with certain conditions relevant to some of the exceptional cases.

Section 64

30.2. Section 64 provides that documents must be proved by primary evidence except in the cases hereinafter mentioned. The exceptions to this provision are to be found mainly in section 65. The rule in section 64 is generally said to be based on the "best evidence" principle; but the rule is probably older than that, being a survival of the doctrine of 'profert' which required the actual production of the document pleaded1.

We have no suggestions to make with reference to this section.

1. Phipson The Superiority of written evidence, 6 LQR 75, referred to by Woodroffe.

Indian Evidence Act, 1872 Back

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