Indian Evidence Act, 1872
144. Evidence as to matters in writing
Any witness may be
asked, whilst under examination whether any contract, grant or other
disposition of property, as to which he is giving evidence, was not contained
in a document, and if he says that it was, or if he is about to make any
statement as to the contents of any document, which, in the opinion of the
Court, ought to be produced, the adverse party may object to such evidence
being given until such document is produced, or until facts have been proved
which entitle the party who called the witness to give secondary evidence of
it.
Explanation- A witness may give
oral evidence of statements made by other persons about the contents of
documents if such statements are in themselves relevant facts.
Illustration
The question is,
whether A assaulted B.
C deposes that he
heard A say to D-"B wrote a letter accusing me of theft, and I will be
revenged on him". This statement is relevant, as showing A’s motive for
the assault, and evidence may be given of it, though no other evidence is given
about the letter.