Section 60 BSA 2023: Cases in Which Secondary Evidence Relating to Documents May Be Given

Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 ("BSA") specifies the situations in which a party may prove the existence, condition or contents of a document by secondary evidence instead of producing the original document. The BSA is Act No. 47 of 2023 and came into force on 1 July 2024.

Key rule: Section 59 states the general rule that documents are to be proved by primary evidence, except in the cases that follow. Section 60 sets out the principal statutory exceptions permitting secondary evidence.

Text of Section 60 of the Bharatiya Sakshya Adhiniyam, 2023

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

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

(ii) For clause (b), the written admission is admissible.

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

(iv) For 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.

What Section 60 Means

Section 60 does not make every copy or substitute for an original document automatically admissible. A party relying on secondary evidence must bring the case within one of the situations specified in the section and comply with the form of secondary evidence allowed for that situation.

Clause	Situation	Permitted form under the Explanation
(a)	Original is with the opposing party, a person beyond Court process, or a person legally bound to produce it, and it is not produced after the required notice.	Any secondary evidence of the contents.
(b)	Existence, condition or contents of the original are admitted in writing.	The written admission.
(c)	Original is destroyed or lost, or cannot be produced in reasonable time for a reason not caused by the offering party's default or neglect.	Any secondary evidence of the contents.
(d)	Original is not easily movable.	Any secondary evidence of the contents.
(e)	Original is a public document under Section 74.	Certified copy only.
(f)	A certified copy is permitted by the BSA or another law in force in India.	Certified copy only.
(g)	There are numerous accounts or documents and the general result of the whole collection is to be proved.	Evidence of the general result by a person who examined them and is skilled in such examination.

Important Connected Provisions

Section 58: Secondary evidence

Section 58 identifies the forms that may amount to secondary evidence. Section 60 should therefore be read together with Section 58 when deciding what substitute evidence may be relied upon.

Section 59: General rule of primary evidence

Section 59 provides that documents shall be proved by primary evidence except in the cases subsequently mentioned. Section 60 is one of the central exceptions to that primary-evidence rule.

Section 64: Notice to produce

Where secondary evidence is sought under Section 60(a), Section 64 ordinarily requires prior notice to the person who has possession or power over the document, subject to the statutory exceptions in Section 64.

Section 74: Public and private documents

Section 74 defines public documents. For a public document falling under Section 60(e), the Explanation to Section 60 requires a certified copy rather than another form of secondary evidence.

Electronic and digital records

For electronic or digital records, Sections 61 to 63 contain specific provisions on their legal effect and proof. A question concerning an electronic record should therefore be considered with those provisions in addition to the general documentary-evidence framework.

Practical Checklist Before Relying on Secondary Evidence

Identify the original document and the fact sought to be proved.
Identify the specific clause of Section 60 that applies.
Where Section 60(a) applies, check whether notice under Section 64 is required and whether it has been given.
Use the form of secondary evidence permitted by the Explanation to Section 60.
For a public document or a document legally provable by certified copy, use the certified-copy route required by clauses (e) and (f).
For electronic or digital material, also examine Sections 61, 62 and 63.

Official Sources

Last reviewed: 13 September 2026.