Section 60 Bharatiya Sakshya Adhiniyam, 2023: Cases in which secondary evidence relating to documents may be given

Section 60 of Bharatiya Sakshya Adhiniyam, 2023: Cases in which secondary evidence relating to documents may be given

Official Bare Act Text

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Secondary evidence may be given of the existence, condition, or contents of a document in the following cases, namely: —

(a) when the original is shown or appears to be in the possession or power—

(i) of the person against whom the document is sought to be proved; or

(ii) of any person out of reach of, or not subject to, the process of the Court; or

(iii) of any person legally bound to produce it, and when, after the notice mentioned in section 64 such person does not produce it;

(b) when the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;

(c) when the original has been destroyed or lost, or when the party offering evidence of its contents cannot, for any other reason not arising from his own default or neglect, produce it in reasonable time;

(d) when the original is of such a nature as not to be easily movable;

(e) when the original is a public document within the meaning of section 74;

(f) when the original is a document of which a certified copy is permitted by this Adhiniyam, or by any other law in force in India to be given in evidence;

(g) when the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collection.

Explanation. — —For the purposes of—

(i) clauses (a), (c) and (d), any secondary evidence of the contents of the document is admissible;

(ii) clause (b), the written admission is admissible;

(iii) clause (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible;

(iv) clause (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such document.

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) Fact Sec 2(1)(d) Proved Sec 2(1)(f) Secondary Evidence Sec 58

Legal Commentary & Landmark Judgments: Section 60

Section 60 enumerates the exhaustive statutory circumstances under which secondary evidence relating to documents may be given, balancing procedural rigor with practical necessity.

Adverse Possession or Notice: When the original is in the possession or power of the person against whom the document is sought to be proved and they fail to produce after notice under Section 64.
Destruction, Loss & Unavailability: When the original has been destroyed or lost, or cannot be produced in reasonable time due to physical impossibility.
Public Documents & Certified Copies: When the original is a public document under Section 74, or is of such nature that certified copies are permitted by special statutory provision.

Key Landmark Precedents:

Marwari Kumhar v. Bhagwanpuri Guru Ganeshpuri (2000) 6 SCC 735: The Supreme Court held that once the loss of an original document is proved, secondary evidence is fully admissible under Section 65 IEA (Section 60 BSA), and the court must not adopt an overly technical approach.
Vijay v. Union of India (2023) 12 SCC 309: Affirmed that where an original document is withheld by the opposite party despite Section 66 notice, secondary evidence becomes admissible as a matter of right.

Courtroom Practice & Strategic Litigation Guidance:

Before tendering secondary evidence under Section 60, serve a formal Notice to Produce under Section 64 BSA. If the adversary denies possession or fails to respond, the statutory gateway to secondary evidence opens automatically.