Rules as to notice to produce
Section 66 of the Indian Evidence Act, 1872 deals with rules as to notice to produce. Secondary evidence of the contents of the documents referred to in section 65, clause (a), 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 attorney or pleader,] such notice to pro The Act came into force on 01 Sep 1872. Repealed by section 170 of the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Secondary evidence of the contents of the documents referred to in section 65, clause (a), 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 attorney or
pleader,] 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: –– (1) when the document to be proved is itself a notice;
(2) when, from the nature of the case, the adverse party must know that he will be required to produce it;
(3) when it appears or is proved that the adverse party has obtained possession of the original by fraud or force;
(4) when the adverse party or his agent has the original in Court;
(5) when the adverse party or his agent has admitted the loss of the document;
(6) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.
Section 66, The Indian Evidence Act, 1872 (Act 1 of 1872).
Now in the Bharatiya Sakshya Adhiniyam
BSA 64 Rules as to notice to produce Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane
Court's Decision & Legal Precedent
A confessional statement recorded under Section 164 of the Code of Criminal Procedure is not substantive evidence but a former statement made before a legally competent authority. Such statements can be used for corroboration or contradiction of witness testimony and can be admitted and exhibited without the Magistrate who recorded them being examined as a witness. The correct legal framework for admitting such judicial records is Section 80 of the Indian Evidence Act, which creates a presumption of genuineness and proper recording, not Section 89 which applies only to secondary evidence cases under Sections 65(a) and 66.
On this section: Prescribes rules for notice to produce documents before secondary evidence can be given
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… by its judgment has returned a detailed finding with respect to the genuineness of registered Will dated 15.10.1987 based on the testimony of the attesting witness 'PW-2' i.e., Sh. Jeet Singh. The relevant portion of the judgment reads as under: " The proof of execution of the will in law is stipulated under Section 66 of the Indian Evidence Act which provides that if a document is required by law to be attested; it shall not be used as evidence until one attesting witness at least RSA 153/2023 & RSA 154/2023 Page 12 of 18 has been called for the purpose …
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… by its judgment has returned a detailed finding with respect to the genuineness of registered Will dated 15.10.1987 based on the testimony of the attesting witness 'PW-2' i.e., Sh. Jeet Singh. The relevant portion of the judgment reads as under: " The proof of execution of the will in law is stipulated under Section 66 of the Indian Evidence Act which provides that if a document is required by law to be attested; it shall not be used as evidence until one attesting witness at least RSA 153/2023 & RSA 154/2023 Page 12 of 18 has been called for the purpose …
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… These discussions also set to rest the prayer of the Appellant under Section 151 of the CPC, which consequently stand rejected. 25. The fact that the contents of Exhibit 1 have remained unproved in terms of Section 61 to Section 66 of the Indian Evidence Act, 1872 also cannot be overlooked. In view of the fact that Exhibit 1 serves no purpose to fortify the Appellant's case, it would stand to reason that the document sought to be filed by the Appellant by invoking the provisions of Order XLI Rule 27 of the CPC, would also be of no assistance …
Questions about Section 66
What have the courts held on Section 66 of the Indian Evidence Act?
State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014) is the leading judgment on this section among those set out below: Prescribes rules for notice to produce documents before secondary evidence can be given.
How do I find court cases under Section 66 of the Indian Evidence Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IEA 66, section 66 IEA, section 66 of the Indian Evidence Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with State of Gujarat vs Visheshbhai Kali Chhaganbhai Gangavane (07 Nov 2014).
What should I read with Section 66 of the Indian Evidence Act, and has it changed?
Its own text turns on section 65 (Cases in which secondary evidence relating to documents may be given), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BSA 64 (Rules as to notice to produce), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 66 of the Indian Evidence Act come into force?
Section 66 of the Indian Evidence Act, cited as IEA 66, came into force on 01 Sep 1872, having been enacted on 15 Mar 1872. It is no longer in force.
Other sections of this Act
- 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant1207 words
- 14. Facts showing existence of state of mind, or of body of bodily feeling1080 words
- 92. Exclusion of evidence of oral agreement809 words
- 8. Motive, preparation and previous or subsequent conduct773 words
- 65B. Admissibility of electronic records743 words
- 3. Interpretation-clause667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item e51341fa-7528-4327-9a57-5d194e16db6f). This page is not a substitute for legal advice.