Bharatiya Sakshya Adhiniyam, 2023
BSA Section 64
Rules as to notice to produce
In one line
BSA Section 64 deals with rules as to notice to produce and replaces Evidence Act 66.
Bare act text — BSA 64
64. Rules as to notice to produce.
Secondary evidence of the contents of the documents referred to in clause (a) of section 60, shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, or to his advocate or representative, such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case: Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:--- (a) when the document to be proved is itself a notice; (b) when, from the nature of the case, the adverse party must know that he will be required to produce it; (c) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force; (d) when the adverse party or his agent has the original in Court; (e) when the adverse party or his agent has admitted the loss of the document; (f) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.
What changed from the Evidence Act
- Evidence Act 66 → BSA 64: "attorney or pleader" is replaced by "advocate or representative".
Frequently asked
What was BSA Section 64 in the Evidence Act?
BSA Section 64 (Rules as to notice to produce) replaces Section 66 of the Indian Evidence Act, 1872. Evidence Act 66 is now BSA 64.
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Nearby BSA sections
- BSA 59 — Proof of documents by primary evidence
- BSA 60 — Cases in which secondary evidence relating to documents maybe given
- BSA 61 — Electronic or digital record
- BSA 62 — Special provisions as to evidence relating to electronic record
- BSA 63 — Admissibility of electronic records
- BSA 65 — Proof of signature and handwriting of person alleged to have signed or written document produced
- BSA 66 — Proof as to electronic signature
- BSA 67 — Proof of execution of document required by law to be attested
- BSA 68 — Proof where no attesting witness found
- BSA 69 — Admission of execution by party to attested document