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The original appears to be in the adverse party's possession or power, and the court has not otherwise…

Section 64 concerns notice to produce the original in a section 60(a) case. Admission of loss is an exception, while mere denial leaves the requirement in place on the…

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The original appears to be in the adverse party's possession or power, and the court has not otherwise dispensed with notice. Under section 64 of the Bharatiya Sakshya Adhiniyam, 2023, which fact alone does not excuse notice to produce the original?

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Answer and explanation

Correct answer D

Section 64 concerns notice to produce the original in a section 60(a) case. Admission of loss is an exception, while mere denial leaves the requirement in place on the stated facts. Proven loss can separately support secondary evidence under section 60(c).

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Option A

Proviso (a) dispenses with notice when the document itself is a notice.

Option B

Proviso (b) dispenses with notice where the adverse party must already know that the original will be required.

Option C

Proviso (c) covers apparent or proven possession obtained by fraud or force.

Option D

Proviso (e) requires admission of loss. A denial does not satisfy it.

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