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Section 58 BSA 2023: Secondary Evidence

Section 58 of the Bharatiya Sakshya Adhiniyam, 2023 defines what is included within the expression "secondary evidence." It forms part of Chapter V dealing with documentary evidence and should be read together with Sections 56, 57, 59 and 60.

Definition in simple terms: Secondary evidence is evidence used to prove the contents of a document when the law permits proof by a substitute for the original. Section 58 identifies the recognised forms of such evidence. Whether secondary evidence may actually be given in a particular case is governed principally by Section 60.

Current law: The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024. Section 58 concerns secondary evidence under the BSA, not the Bharatiya Nagarik Suraksha Sanhita.

Text of Section 58 - Secondary evidence

58. Secondary evidence. Secondary evidence includes-

  1. certified copies given under the provisions hereinafter contained;
  2. copies made from the original by mechanical processes which in themselves ensure 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;
  6. oral admissions;
  7. written admissions;
  8. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.

What Section 58 means

Section 58 identifies the forms that may qualify as secondary evidence. The provision covers certified copies, mechanically produced copies, copies made from or compared with originals, certain counterparts, oral accounts by a person who has seen the document, oral or written admissions, and skilled evidence relating to voluminous records.

The provision does not mean that every copy or oral account is automatically admissible. A party relying on secondary evidence must also satisfy the legal conditions that permit secondary evidence to be given. For this reason, Section 58 should be read with Section 60, which specifies cases in which secondary evidence relating to documents may be given.

Types of secondary evidence under Section 58

1. Certified copies

A certified copy issued in accordance with the applicable legal provisions is expressly included as secondary evidence. The evidentiary use of a certified copy depends on the relevant provisions governing the document and its proof.

2. Mechanical copies and copies compared with them

A copy produced by a mechanical process may constitute secondary evidence where the process itself ensures accuracy. A copy compared with such a mechanically produced copy is also covered by the statutory definition.

3. Copies made from or compared with the original

A copy prepared directly from the original, or a copy that has been compared with the original, falls within Section 58. The statutory illustrations show why the connection between the copy relied upon and the original document is important.

4. Counterparts against parties who did not execute them

Where a document is executed in counterparts, a counterpart may operate as secondary evidence against a party who did not execute that particular counterpart. This should be distinguished from the rules under Section 57 on primary evidence.

5. Oral account by a person who has seen the document

An oral account of the contents of a document may fall within secondary evidence when given by a person who has personally seen the document. The fourth illustration makes clear that an oral account merely of a copy, photograph or machine-copy is not secondary evidence of the original.

6. Oral and written admissions

Section 58 expressly includes both oral admissions and written admissions as forms of secondary evidence. Their relevance, proof and evidentiary value remain subject to the other applicable provisions of the BSA.

7. Skilled examination of voluminous records

Where the original consists of numerous accounts or other documents that cannot conveniently be examined in Court, evidence may be given by a person skilled in examining those records who has examined them.

How Sections 56 to 60 work together

  • Section 56 provides that the contents of documents may be proved by primary or secondary evidence.
  • Section 57 defines primary evidence.
  • Section 58 identifies the recognised forms of secondary evidence.
  • Section 59 states the general rule that documents must be proved by primary evidence except in cases provided by the Act.
  • Section 60 sets out the circumstances in which secondary evidence relating to documents may be given.

Practical point on admissibility

A document does not become admissible merely because it fits one of the descriptions in Section 58. The party tendering it must establish the statutory basis for using secondary evidence and comply with any other applicable requirements for proof, including provisions relating to electronic or digital records where relevant.

Related BSA provisions

For the surrounding statutory scheme, see Section 55 - Oral evidence to be direct, Section 56 - Proof of contents of documents, Section 57 - Primary evidence, Section 59 - Proof of documents by primary evidence, and Section 60 - Cases in which secondary evidence relating to documents may be given.

Editorial note: This page is intended as a concise statutory guide. For court use, pleadings or evidentiary objections, the complete Act, applicable procedural law and relevant judicial decisions should also be checked.