Section 58 Bharatiya Sakshya Adhiniyam, 2023: Secondary evidence

Section 58 of Bharatiya Sakshya Adhiniyam, 2023: Secondary evidence

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a) Document Sec 2(1)(b) Evidence Sec 2(1)(c)

Legal Commentary & Landmark Judgments: Section 58

Section 58 provides the statutory definition of 'Secondary Evidence', comprehensively listing permissible substitutes for original documents, including certified copies, mechanical copies, counterparts, and oral accounts.

Certified Copies: Copies given under statutory authority certifying accuracy of public documents under Section 75 BSA.
Mechanical & Digital Processes: Copies made from the original by mechanical processes which in themselves ensure accuracy (photocopies, microfilms, scanned facsimiles).
Counterparts & Oral Accounts: Counterparts against parties who did not execute them, and oral accounts of document contents given by a person who has seen the original.

Key Landmark Precedents:

H. Siddiqui v. A. Ramalingam (2011) 4 SCC 240: The Supreme Court held that secondary evidence must strictly conform to Section 63 IEA (Section 58 BSA); an unauthenticated photocopy whose comparison with the original is unproved cannot be admitted.
U. Sree v. U. Srinivas (2013) 2 SCC 114: Affirmed that an oral account of a tape recording or document cannot be admitted without proving that the witness personally saw and heard the authentic original.

Courtroom Practice & Strategic Litigation Guidance:

When leading secondary evidence of a lost deed, ensure your witness testifies that the photocopy was produced from the original through a continuous mechanical process and that they personally verified its accuracy against the original.