सं Samvidhan

Bharatiya Sakshya Adhiniyam, 2023

Section 64

Rules as to notice to produce

Why this exists

The rule exists to give the person holding an original document a fair chance to bring it to court before someone else is allowed to rely on a copy or secondary account of its contents. This prevents unfair surprises at trial and encourages parties to produce the best evidence available. The listed exceptions recognize situations where insisting on formal notice would be pointless, unfair, or impossible — for instance, if the original is already in court, its loss is admitted, or the holder is beyond the court's reach.

How courts read it

This provision is a near word-for-word continuation of Section 66 of the Indian Evidence Act, 1872. Under that predecessor, Indian courts consistently held that the requirement of notice is a rule of caution meant to prevent unfair surprise, not a rigid technicality, and could be dispensed with where its purpose was already served (for example, if the opposing party had clearly indicated they would not produce the document, or had received effective notice through pleadings or earlier proceedings). Courts have generally interpreted the exceptions flexibly, focusing on whether the adverse party had fair notice and opportunity to produce the original, rather than insisting on strict formal compliance.

Common misconceptions
  • Myth: You can never use a photocopy or copy of a document in court.
    Fact: Secondary evidence like copies can be used, but usually only after properly notifying the person holding the original to produce it — or if an exception applies.
  • Myth: Notice to produce must always be a strict, formal written notice.
    Fact: If no specific law prescribes the notice format, courts can accept whatever notice they consider reasonable under the circumstances.