As per the provisions of the Indian Evidence Act, 1872, secondary evid

As per the provisions of the Indian Evidence Act, 1872, secondary evidence relating to a document *cannot* be given when the original

is of such a nature as not to be easily movable
is a private document
is destroyed or lost
consists of numerous accounts or other documents which cannot conveniently be examined in the Court
This question was previously asked in
UPSC CISF-AC-EXE – 2017
The correct option is B. Secondary evidence relating to a document *cannot* be given merely because the original is a private document, unless other conditions specified in Section 65 of the Indian Evidence Act, 1872 are met.
Section 64 of the Indian Evidence Act, 1872 states that documents must be proved by primary evidence (the original document) except in the cases mentioned in Section 65. Section 65 lists the circumstances in which secondary evidence may be given.
A) If the original is of such a nature as not to be easily movable (Section 65(c)), secondary evidence *can* be given.
B) If the original is a private document, secondary evidence *can* only be given if one of the conditions under Section 65 (e.g., original lost, destroyed, in possession of the opponent, etc.) is satisfied. Merely being a private document does not *allow* secondary evidence; conversely, secondary evidence *cannot* be given *unless* one of the Section 65 conditions applies, even if it is a private document. This contrasts with options A, C, and D, which are specific conditions that *permit* secondary evidence.
C) If the original is destroyed or lost (Section 65(b)), secondary evidence *can* be given.
D) If the original consists of numerous accounts or other documents which cannot conveniently be examined in the Court (Section 65(f)), secondary evidence *can* be given.
The question asks when secondary evidence *cannot* be given. Options A, C, and D are situations where it *can* be given. Being a private document (B) is not, by itself, a reason to allow secondary evidence; primary evidence is mandatory unless a specific exception (like those in A, C, D, or others in 65) applies. Therefore, secondary evidence *cannot* be given simply because it’s a private document; it requires an additional condition from Section 65 to be met.
The general rule under the Indian Evidence Act, 1872 is that the best evidence available must be produced, which for documents is the primary evidence (the original). Secondary evidence is only admitted as an exception under specified circumstances detailed in Section 65. The distinction between public and private documents is relevant in Section 65(d) and (e), where certified copies of public documents are admissible as secondary evidence, and special provisions apply to documents of which certified copies are permitted by law.