Question

Section 65, Indian Evidence Act lays down:

• A. A notice must be given before secondary evidence can be received under section 65 (a), Indian Evidence Act
• B. Notice to produce a document must be in writing
• C. Order XI, Rules 15, of Civil Procedure Code, prescribes the kind of notice to produce a document
• D. All of them

Hint:

To use a copy (secondary evidence) of a document that your opponent has, you must first give them a formal, written 'notice to produce' the original in court. This entire procedure involves Sections 65 and 66 of the Evidence Act and rules under the CPC.

Answer 1

The Correct Option is D

This question tests the procedural requirements for giving secondary evidence, specifically when the original document is in the possession of the opposing party.
Section 65(a) of the Evidence Act allows secondary evidence when the original is in the possession of the person against whom the document is sought to be proved. A prerequisite for this is giving a notice to produce that original document, as laid down in Section 66. So, (a) is correct.
Section 66 further clarifies that this notice must be such as is prescribed by law, and if no law prescribes it, then as the court considers reasonable. The procedural law (CPC) prescribes the form. So (b) is also correct as per procedure.
Order XI, Rule 15 of the CPC deals with the inspection of documents referred to in pleadings, and other rules in Order XI and Order XII (Rule 8) deal with notice to produce, which must be in writing as per the forms in the Appendix. So (c) is also correct in principle.
Since all statements describe correct aspects of the procedure for 'notice to produce' which is a prerequisite for leading secondary evidence under Section 65(a), 'All of them' is the most appropriate answer.