CHAPTER V.––OF DOCUMENTARY EVIDENCE

Section 63: Secondary evidence

The Indian Evidence Act, 1872 (repealed)

Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.

Secondary evidence means and includes––

(1) certified copies given under the provisions hereinafter contained¹;

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

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

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

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

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.

Footnotes in the official text

1.see s. 76, infra.

Now in the BSA

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

63. Secondary evidence.

BSA 58

Leading cases

Questions on this section

4 questions in 23 of our papers cite Section 63. Try these from the free papers:

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.
2. Match List I (section of the BSA) with List II (subject): List I A. Section 57 B. Section 58 C. Section 60 D. Section 64 List II 1. Rules as to notice to produce 2. Primary evidence 3. Cases in which secondary evidence relating to documents may be given 4. Secondary evidence
3. A lease is executed in counterpart: the lessor signs one copy and hands it to the lessee, and the lessee signs the other and hands it to the lessor. In a suit by the lessor against the lessee, the copy signed by the lessee is:

Practise questions on Criminal Law