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PART III ON PROOF · CHAPTER V OF DOCUMENTARY EVIDENCE

Section 58: Secondary evidence

The Bharatiya Sakshya Adhiniyam, 2023

Secondary evidence includes—

(i) certified copies given under the provisions hereinafter contained;

(ii) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies;

(iii) copies made from or compared with the original;

(iv) counterparts of documents as against the parties who did not execute them;

(v) oral accounts of the contents of a document given by some person who has himself seen it;

(vi) oral admissions;

(vii) written admissions;

(viii) evidence of a person who has examined a document, the original of which consists of numerous accounts or other documents which cannot conveniently be examined in Court, and who is skilled in the examination of such documents.

Illustrations.

(a) A photograph of an original is secondary evidence of its contents, though the two have not been compared, if it is proved that the thing photographed was the original.

(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the contents of the letter, if it is shown that the copy made by the copying machine was made from the original.

(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary evidence; but the copy not so compared is not secondary evidence of the original, although the copy from which it was transcribed was compared with the original.

(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph or machine-copy of the original, is secondary evidence of the original.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Leading cases

Questions on this section

5 questions in 18 of our papers cite Section 58. Try these from the free papers:

  1. 1. Which of the following are included in 'secondary evidence' under Section 58 of the BSA? 1. Oral admissions 2. Written admissions 3. Evidence of a person skilled in the examination of documents who has examined a document whose original consists of numerous accounts that cannot conveniently be examined in Court 4. An oral account of a photograph of the original Select the correct answer using the codes below.

Practise questions on Bharatiya Sakshya Adhiniyam