Section 65 of the Evidence Act, 1872

Section 65 of the Evidence Act, 1872—Cases in which secondary evidence relating to documents may be given.—Secondary evidence may be given of the existence, condition, or contents of a document in the following cases:--

(a)           When the original is shown or appears to be in the possession or power—

Of the person against whom the document is sought to be prove, or of any person out of reach of,  or not subject to, the process of the Court, or of any person legally bound to produce it,

And when, after the notice mentioned in section 66, such person does not produce it;

(b) When the evidence, condition or contents of the original have been  proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c)            When the original has been destroyed or lost, or when the party offering the evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

(d) When the original is of such as not to be easily movable;

(e)           When the original is a public document within the meaning of section 74;

(f)             When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in India to be given in evidence;

(g)           When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection.

In cases (a), (c), and (d), any secondary evidence of the contents of the document is admissible.

In cases (b), the written admission is admissible.

In cases (e), or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.

In cases (g), evidence may be given as to the general result of the documents by any person who has examined them, and whois skilled in the examination of such documents.

                            

Comments

Certified Copy of Will

Certified copy of Will is not admissible per se in evidence. It cannot be presumed to be primary document which could be adduced in evidence ans same could be proved only by leading secondary evidence;

Sampat Singh v. Bhagawanti, AIR 2010 (NOC) (P&H)

 

When attesting witness not necessary

In cases the document is registered then except in the case of a will it is not necessary to call an attesting witness, unless the execution has been specifically denied by the person by whom it purports to have been executed;

Ishwar Das Jain (dead) through L.R. v. Sohanlal (dead) by LRs, AIR 2000 SC 426.