Indian Evidence Act, 1872

Section 64

Proof of documents by primary evidence

Englishहिंदी

⚡ Quick Answer Reference: Section 64 IEA

Provision: Section 64 of IEA
Act: Indian Evidence Act, 1872
Classification: evidence
Jurisdiction: India
Summary: This section states that documents must be proved by primary evidence, except in cases mentioned later in the act.

Statutory Content

What does Section 64 of IEA say?

Documents must be proved by primary evidence except in the cases hereinafter mentioned.

Indian StandardSection 64, Indian Evidence Act, 1872

Bluebook (21st ed.)Indian Evidence Act, 1872, § 64 (India)

Court Pleading StandardSection 64 of the Indian Evidence Act, 1872

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Meera Reddy (Bar Council ID: AP/2910/2019).

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Section Meaning & Purpose

What does Section 64 of IEA mean?

Plain English Explanation

This section states that documents must be proved by primary evidence, except in cases mentioned later in the act.

Practical Interpretation

In practice, this means that original documents are required as evidence in court, unless specific exceptions apply.

Core Legal Purpose

The purpose of this provision is to ensure the authenticity and reliability of documentary evidence presented in legal proceedings.

Key Legal Elements

•The document in question must be available for production in court.
•The document must be in its original form, not a copy.
•The key legal test is whether the document is a primary piece of evidence.
•Exceptions to this rule are outlined in subsequent sections of the act.

Practical Example

Practical Example of Section 64 IEA

For example, in a case where Rajesh is suing Priya for breach of contract, Rajesh would need to produce the original contract as primary evidence, unless an exception applies, such as the document being lost or destroyed.

Common Questions (FAQ)

Frequently Asked Questions about Section 64 IEA

Q: What is the punishment or consequence under Section 64 of IEA?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to all parties involved in legal proceedings, including both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not deal with criminal offences, therefore it is neither bailable nor cognizable.

Common Questions about Section 64 IEA

What is Section 64 of IEA?

Section 64 of the Indian Evidence Act, 1872 (IEA) defines and regulates "Proof of documents by primary evidence". In plain terms: This section states that documents must be proved by primary evidence, except in cases mentioned later in the act.

What are the elements of Section 64 of IEA?

The essential elements of Section 64 of IEA are: The document in question must be available for production in court.; The document must be in its original form, not a copy.; The key legal test is whether the document is a primary piece of evidence..

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