Section 60: Cases in which secondary evidence relating to documents may be given

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

• Anvar P.V. v. P.K. Basheer (2014)Decided on Evidence Act section 65Secondary evidence of an electronic record is admissible only with a certificate under Section 65B(4) of the Evidence Act; Navjot Sandhu was overruled on this point, and the election petition based on uncertified CDs failed.
• Shafhi Mohammad v. State of Himachal Pradesh (2018)Decided on Evidence Act section 65A party producing electronic evidence who is not in possession of the device cannot be required to produce a certificate under Section 65B(4) of the Evidence Act; the requirement is procedural and may be relaxed in the interest of justice.
• Y. Narasimha Rao v. Y. Venkata Lakshmi (1991)Decided on Evidence Act section 65A foreign divorce decree passed by a court lacking jurisdiction under the Hindu Marriage Act, on a ground unknown to that Act, against a wife who did not submit to the forum, cannot be recognised in India.

Questions on this section

5 questions in 27 of our papers cite Section 60. Try these from the free papers:

1. 1. A landlord served a written notice to quit on his tenant and kept an office copy. In the landlord's eviction suit, the original notice is with the tenant. The landlord seeks to prove it by the office copy without first giving the tenant notice to produce the original. Under Section 64 of the BSA:

   A.the copy cannot be admitted unless notice to produce the original is first given to the tenantB.the notice must be proved by primary evidence, since secondary evidence of a notice is barredC.notice to produce is not required, because the document to be proved is itself a noticeD.notice to produce is excused only if the tenant admits in writing that he received the notice
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2. 2. Match List I (case in which secondary evidence may be given under Section 60 of the BSA) with List II (secondary evidence admissible under the Explanation to Section 60): List I A. The original is in the possession of the person against whom it is sought to be proved, who does not produce it after notice B. The existence, condition or contents of the original are proved to have been admitted in writing by the person against whom it is proved C. The original is a document of which a certified copy is permitted by law to be given in evidence D. The originals consist of numerous accounts which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole List II 1. A certified copy, but no other kind of secondary evidence 2. Evidence of the general result by a person skilled in examining such documents who has examined them 3. Any secondary evidence of the contents of the document 4. The written admission

   A.A-3, B-4, C-1, D-2B.A-3, B-4, C-2, D-1C.A-1, B-4, C-3, D-2D.A-4, B-3, C-1, D-2
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3. 3. A party wishes to prove the words of an inscription carved on a massive stone pillar fixed in the ground on private land. Under Section 60 of the BSA read with its Explanation:

   A.no secondary evidence is admissible, and the Court must inspect the pillarB.secondary evidence is admissible only after notice to the owner of the landC.any secondary evidence of the contents of the inscription is admissibleD.only a certified copy of the inscription is admissible
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