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Indian Evidence Act, 1872

IEA Section 65 in BSA

§ 65 IEA→§ 60 BSA

Cases in which secondary evidence relating to documents may be given. Section 65 of the Indian Evidence Act, 1872 (Cases in which secondary evidence relating to documents may be given) corresponds to Section 60 of the Bharatiya Sakshya Adhiniyam, 2023.

Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.

Where this sits in the exam

This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.

Questions that turn on this section

Oral evidence must in all cases be:

Answer & explanation

Direct, from the person who perceived the fact by that sense

BSA Section 55 corresponds to IEA Section 60. The witness must have perceived the fact by the sense by which it is capable of being perceived; hearsay is excluded subject to recognised exceptions.

Where to find it: BSA, Chapter IV

Secondary evidence of the contents of a document may be given when:

Answer & explanation

Where the original is lost, destroyed, or withheld after notice

BSA Sections 58 to 60 correspond to IEA Sections 63 to 65. The party must first lay the foundation by proving the circumstances entitling him to lead secondary evidence.

Where to find it: BSA, Chapter V

Sections either side of it

How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:

IEAProvisionBSA
62Primary evidence57
63Secondary evidence58
64Proof of documents by primary evidence59
65ASpecial provisions as to evidence relating to electronic record61
65BAdmissibility of electronic records63
67Proof of signature and handwriting of person alleged to have signed64

Practise it

Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.

Practise free Full IEA→BSA table