Section 64 v Section 65: Which One Applies in Admissibility of Document Evidence?
evidence judiciary advanced poll_styleHey community, I'm stuck on this Evidence Act / BSA question for Judicial Services and need your help. Consider this scenario: someone wants to admit a document as evidence in court, but there's no original available. They've only got a certified copy. Which section applies here, section 64 or section 65? Option 1 is that we use section 65, which deals with circumstances where the original is lost or destroyed. Option 2 says we use section 64, which deals with cases where the original doesn't exist or isn't available. Now, I know what you're thinking - 'Ye sab theory hai, but do you know how many people get stuck with this in real-life cases?' So, which one is correct and why?
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Bhai, don't worry about it! Both sections have their own rules, but essentially, we're looking at the admissibility of document evidence. Section 64 talks about attestation by a public officer, while Section 65 deals with certification by a gazetted officer. If the document is certified by a gazetted officer, Section 65 is applicable. Keep it simple, guys!
Maine isse bahut jyada socha hai, yeh Section 64 aur Section 65 ka mukhya mudda hai. Mera vichar yeh hai ki Section 65 ki sanket shakti siddhant ka upyog karte hue, jo ki document ki jatil pramaanita ko jodta hai, woh Section 64 ki jaisi aapati pramaanita se adhik majboot hai.